An New Opinion on the Jurisprudential Precept of Usury in the informal Sale (Bay` Mo`atati)

The process of the usury in the informal sale requires considering the different opinions of the jurisprudents. Based on the content of some jurisprudents` viewpoints, the usury is processed in the formal sale not in informal one as a bay` mo`atati). In contrast, another group have chosen the process of usury in the all exchanges including sale, compromise, and so on. In this paper, the answer to the basic question depends on reviewing the nature of sale against the exchange; similarly, according to a descriptive - analytical method, the issued opinions will be discussed and the argumentations are assessed. As a result of this evaluation, it can be distinguished as follows: during the transaction, if the parties` intention is that one of the two goods is going to be the price of another, this type of exchange can be regarded as a sale; whether in word or not, the title of the second one will be as an informal sale, and otherwise, the mentioned transaction will titled as an exchange. Therefore, the cited evidences of the followers of processing usury in the all exchanges ( whether verse 275, chapter Baqara, and the traditions indicating the prohibition of usury and so on) absolutely include formal sale and additionally, informal sale. Meanwhile, there is usury in the exchanges in which the conditions of usury are processed.