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The question

Is it permissible for me to take one hundred dirhams in exchange for only eighty dirhams, after my relative waived the remaining twenty dirhams, knowing that I did not intend to exploit her or take an excess?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

This transaction involves both an exchange (sarf) and a gift (hiba). The exchange of eighty for eighty is permissible as its conditions are met. The gift of the remaining twenty, completing the hundred, is permissible and legitimate. Islamic law has encouraged and promoted gifting.

Al-Nawawi, in Al-Majmu', quoted Al-Shafi'i's view that it is permissible for a man to take from someone he lent money to less than what he lent, as a gift of beneficence, or for a judge to voluntarily give more than the weight of his gold. This is permissible because it does not fall under the meaning of sales.

Summarized from the full answer at Ftawy · imported

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Source platform
Ftawy
Original fatwa ID
50169
Imported
Translation status
Source text, unreviewed
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