The issue of hiyyel and its place in hadith literature

In the history of Islamic thought, hiyel, which means alternative ways that Muslims resort to in order to solve the problems they face, has existed from very early periods. In this context, this method, which came to the agenda with the issue of offering sacrifices to Allaah between the sons of Hz Adam's sons Hâbil and Kâbil, was applied in some issues in the pre-Islamic Judaism and Christianity, as well as in some issues in the Jahiliyya Period. Moreover, in some verses in the Holy Qur'an, some of the Prophet's instructions and the Companions' solutions to some problems, examples of cheating-i shar'iyya have been encountered. Although this method was first used by the Hanafis with the name 'mehāric' meaning the place of origin, other madhhabs also resorted to this method from time to time. Therefore, even though the aforementioned method is attributed to the Hanafis, they did not accept it as absolute, and they did not include in their practice the tricks that make the haram halal and cause the loss of a right. Al-Bukhari, who wrote some parts of al-Jami al-sahīh as a response to various groups, wrote the hiyel part of his work in the context of narrations against the Hanafīs who used this method, and in this direction, he took a contrary stance by stating that the intention should be taken into account in the offer against those who based legal dispositions on form and thus said that fraudulent transactions were valid. Thus, with his aforementioned approach, he stated that cheating means opposing the Sunnah and that this is unworthy of Muslim morality. Within the framework of all this, al-Bukhari organised chapters on the related subjects and supported his opinion with the narrations he had narrated in order to show the unbelief of the tricks used in matters of worship such as prayer, zakat, preventing the use of surplus water, returning from the grant, necesh, the status of usurped property, the right of shuf'a, the mahr of orphan girls, perjury in marriage, and the respect of the rights of spouses to each other.