Özet:

Bey' bi'l-vefâ is a contract that can be described as a sale on the condition of repurchase. There are different views on the origin of this contract. Some authors have stated that this is an agreement invented by Hanafi scholars in the X. century in the vicinity of Transoxiana. Some authors stated that this contract existed in Old Turkish law and was included in Islamic law from here. In the article, these claims are evaluated through the practice of bey' bi'l-vefâ, which is found in a legal document from the pre-Muslim era of the Uighur Turks. As a result, according to the information we have, four possibilities regarding the origin of bey' bi'l-vefâ have been evaluated, but it has not been possible to reach a complete conclusion. However, the possibility that the source of this contract is the old Turkish law appears as the strongest possibility.