السلم ليس بيعا و العينة هي السلم نفسه "عند ابن حزم الظاهري" : دراسة فقهية نقدية مقارنة

الملخص EN

This research discusses an issue decided by Ibn Hazm Al Dhahiri, have mercy, in which he denied that Salam is a type of sale, and confirmed another issue, namely: that the sample is the peace itself, and thus the peace and sample were taken out from the transactions of sales to the debts, so the majority of jurists disagreed with these two issues, and this research highlighted the reality of the two transactions And their images and their jurisprudential adaptation, to show the reality of the two transactions, leading to the weighting of one of the two sayings (the saying of the public or Ibn Hazm) based on the postulates.

This research included the formulation of three new idiomatic definitions of salam, sample and debt.

The researcher also concluded that salam and salam are two types of sales, which does not accept doubt or probability, and that the claim that the sample is the same ladder does not correspond to the reality of each of the two transactions, and that there is a difference between The two transactions prevent similarity between them in terms of image, form, ruling and manner, and the researcher concluded that Salam and sample are types of sales, and that Salam sale is excluded from the rule: (It is not permissible to sell what you do not have.

), he preferred the audience's statement with evidence and scientific discussion, and that Ibn Hazm's saying, may God have mercy on him, is not scientifically correct, and that the real description of the sale of Salam and the sample is: (sale in the beginning, debt at the end).