Collusion between the institution and the middleman so that the sold goods return to the institution
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Q1: A group of middlemen deposited sums of money with us at the office, and they are not partners. However, the benefit from these sums is that we buy back the sold goods from the customer outside the office, and then the institution buys those goods back for the benefit of the institution. Is this permissible? Note that the middleman benefits from the institution buying the goods from him at a higher price. Q2: The owner of the institution entered into a partnership with the three partners in the capacity of a middleman, knowing that he owns nothing of the institution except the name? That is, he buys from the customer and returns to sell it to the institution. Is it permissible for him to be the middleman?
After the Committee studied the two previous questions, it answered as follows: As long as there is collusion between the institution and the middleman for the goods to return to their original seller, which is the institution, then this transaction is one of the forbidden usurious transactions, and it is of the type of 'inah that is prohibited, whether the middleman is from within the institution or from outside it. And Abu Dawud narrated from Ibn 'Umar (may Allah be pleased with them both) who said: I heard the Messenger of Allah (peace and blessings be upon him) say:Sunan Abi Dawud 3462Sahih (Al-Albani) It was graded authentic by Ibn al-Qattan,
Al-Hafith Ibn Hajar said in *Bulugh al-Maram*: Ahmad has a similar narration from the report of 'Ata, and its narrators are trustworthy.
After the Committee studied the two previous questions, it answered as follows: As long as there is collusion between the institution and the middleman for the goods to return to their original seller, which is the institution, then this transaction is one of the forbidden usurious transactions, and it is of the type of 'inah that is prohibited, whether the middleman is from within the institution or from outside it. And Abu Dawud narrated from Ibn 'Umar (may Allah be pleased with them both) who said: I heard the Messenger of Allah (peace and blessings be upon him) say:
When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
إذا تبايعتم بالعينة وأخذتم أذناب البقر ورضيتم بالزرع وتركتم الجهاد سلط الله عليكم ذلاً لا ينزعه حتى ترجعوا إلى دينكمAl-Hafith Ibn Hajar said in *Bulugh al-Maram*: Ahmad has a similar narration from the report of 'Ata, and its narrators are trustworthy.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.