An objection to the above answer on salam in fulus

Question

Question: (1) The respected Mufti wrote: “There is no doubt that this is a stratagem (hila) for interest, but since the jurists…” etc. My humble submission is: if in your view this stratagem is certainly one for interest, how then can the jurists write that it is permissible? Do our jurists teach taking interest by means of a stratagem? During a lesson you, revered shaykh, explained to me that even a semblance of riba (shubhat al-riba) is haram, and that the jurists have strongly stressed avoiding it. (2)

Answer

Our Hanafi jurists do not teach taking interest by means of a stratagem; rather, they show the way and the exit (makhraj) to avoid interest. A stratagem whose purpose is taking interest, committing something haram or annulling another’s right, our jurists have forbidden; and a stratagem whose purpose is escaping the haram or attaining the halal they have permitted, and have…

Source: Fatawa Mahmudiyya

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