Bai-bil-wafa, bye-bil-wuffa/wafa, bai-ul-wafa, vaibulwafa The term ''bai-bil-wafa'' or ''bye-bil-wuffa/wafa'' is an Arabic term which may mean a mortgage or a condition sale but the said term is not synonymous to ''bai-ul-wafa''. In P. Ramanatha Aiyar's Advanced Law Lexicon, 3rd Edn. at p. 442, it is stated: ''Bai-ul-wafa.-There is no unanimity of opinion among the jurisconsults of Islam on the point whether a transaction of bai-ul-wafa is a valid sale, a fasid sale or a mortgage. Hence, it was held that 'the Court is consequently, free to choose any of the opinions (of jurists) which might be conformable to the equities of the case and may carry out the real intention of the parties'. It was further held that 'in this type of transaction, the contract between the parties is to the effect that the transferee sells to the transferee the property in question for either within a fixed period or at any undefined time, the sale would to the transferor'.'' . The terminology ''vaibulwafa'' used in the agreement does not carry any meaning. It could be either ''bai-ul-wafa'' or ''bai-bil-wafa''. [Bishwanath Prasad Singh v. Rajendra Prasad ,, (2006) 4 SCC 432 (437, 438)]