At a glance
- Era
- The Early Abbasid Caliphate
- Region
- Global / Diaspora
- Review
- Draft Completeness 1/5 · Help complete it
Summary
Partition of the deal (tafarruq al-safqa): the ruling of the contract does not reach the whole of what is contracted, or reaches it and then leaves part of it; safqa lexically is the clapping of hands at sale and so the contract itself. 1 Distinguished from plurality of deals, which can arise by splitting the price between two items or by several parties, and from selling at two prices in one contract; partition is only in one deal. 12 The Hanafis treat partition in the loss of part of the goods, in the defective goods and in eviction; the Shafiis split plurality into the initial and the continuing; the Hanbalis give cases of mixed goods. 2 Selling what one owns with what one does not: valid in what one owns and suspended in the rest, for Abu Hanifa and Malik; the Hanbalis have two views; the Shafiis split the price by parts; the buyer, if ignorant, has the option, the seller has none. 23 Effect of the option: confirm or annul; if he confirms the rest he pays its share of the price, in the Shafii view. 3 Option of partial eviction: if part of the goods is evicted before receipt, the evicted part is void and the buyer has an option over the rest; after receipt the rule depends on whether the goods are valued or uniform. 45 Option of partial loss before receipt: the buyer may confirm or annul, and the price drops by the lost share if the loss is in quantity; for the Shafiis, if one of two goods perishes before receipt the contract stands and the buyer has the option; a missing share of a deferred delivery gives the option to annul or confirm. 67
People and things also explored
Ahliyya (legal capacity: to have rights and duties, and to act; its stages from the womb to full maturity, and what impairs it)· Democracy and the Sharia — compatibility and conflict· Fatwa on the satellite channels — its benefit and harm· Secularism and Islam — conflict or concord· Stoning (rajm) as a penalty for zina· Allusion to a proposal during the waiting period· Aman (safe-conduct granted to enemies in war)· Amana (trust, deposit and what is entrusted)
Sources
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7903
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7904
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7905
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7906
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7907
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7908
- al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.7909
Cite this page
islam.museum contributors. “Tafarruq al-safqa (partition of a contract)”. islam.museum, https://islam.museum/en/concept/tafarruq-al-safqa-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.