Bai bi'l-wafa and its place in Ottoman practice

The purpose of this study is to exhibit the establishment, provisions, and termination of bai bi'l-wafa (contract of sale with right to repurchase), after revealing its origin and legal basis. In the first part, the historical and legal grounds on which bai bi'l-wafa arose are described. After the legal definition of the contract is given, how it is evaluated by jurists and what views are shaped around it are explained. In the second part, the elements of bai bi'l-wafa and the conditions necessary for the contract to be established lawfully are discussed. In the third part, after counting the rights and obligations arising from bai bi'l-wafa, the types of its termination are presented. In our study, not only the theoretical aspect of bai bi'l-wafa is set forth, but also the forms reflected in the application are shown under each heading by making use of the Istanbul Kadi Registers.