Sūrah Al-Muṭaffifīn Defrauding
المطففين
Al-Qurṭubī provides the primary Qurʾānic fiqh analysis of taṭfīf (commercial fraud in measurement) its ḥarām status, the conditions it creates for contract invalidation, and remedies for defrauded buyers.
Al-Qurṭubī notes that this surah is unique in being dedicated entirely to a commercial prohibition underscoring the severity of fraud in measurement. Verses 1-3 define the offence with precision: taking full measure when receiving, but giving short measure when selling. The divine condemnation ("waylun" woe!) is the most severe Qurʾānic warning formula, establishing taṭfīf as among the gravest commercial sins.
Al-Qurṭubī maps the legal remedies: when a buyer discovers shortchanging, they have khiyār al-ʿayb (option due to defect) they can cancel the transaction and demand full measure or compensation. The Mālikī classification of severe taṭfīf as fasād al-ʿaqd (contract corruption) is the strongest position it treats material fraud as voiding the contract rather than merely giving the buyer an option. Al-Qurṭubī derives the principle ḥurmat al-ghishsh (prohibition of commercial deception) as a universal maxim extending to all forms of commercial misrepresentation, not just measurement fraud.
- Taṭfīf (shortchanging in weights and measures) is ḥarām by definitive Qurʾānic text the "waylun" warning is the most severe condemnation formula.
- Material shortchanging creates khiyār al-ʿayb (option to cancel) for the defrauded buyer all four schools provide this remedy.
- Mālikī school treats severe fraud as fasād al-ʿaqd (contract corruption) the contract is void rather than merely voidable.
- The ḥurmat al-ghishsh principle extends beyond measurement: all commercial misrepresentation (quality fraud, defect concealment, false advertising) is ḥarām by analogy.
- Belief in accountability and commercial honesty are causally linked in al-Qurṭubī's analysis the defrauder's conduct reveals a deficiency in their iman in divine reckoning.