Ruling on paying a sum for a car to be delivered later
Machine translationRead the Arabic original
The questioner:
The Shaykh was informed that a man lent forty thousand riyals on the condition that it be returned to him in the form of the manager's car. Is this permissible or not?
The Shaykh:
A person read [the question].
The questioner:
A man was informed that he lent forty thousand riyals, on the condition that it be returned to him in a car worth fifty thousand, is this permissible or not?
The Shaykh:
This is not a loan; it is not called a loan, but rather a sale of a described item in the debt or a forward sale (salam). He gave him forty thousand on the condition that he would pay him a car in the future in exchange for these forty thousand. This is called a forward sale (salam) or a sale of a described item in the debt, and it is not a loan. If we call it a forward sale (salam), it is permissible. Yes. No, the forward sale (salam) is permissible; the forward sale (salam) is an exception, it is permissible, yes.
The questioner:
If he lent it and then afterwards the car was delivered.
The Shaykh:
If it was not at the time of the contract, but he originally lent it as a loan, but he converted it into a car, it is not permissible. If the original was a loan, and then afterwards he said, "I have no need for the dirhams you lent me, give me the car in exchange," we say: No, this is forbidden and not permissible. The operative cause is that this is an increase in the loan. He gives him the dirham, or he takes from him only, and he does not give him the car. Yes.
The Shaykh was informed that a man lent forty thousand riyals on the condition that it be returned to him in the form of the manager's car. Is this permissible or not?
The Shaykh:
A person read [the question].
The questioner:
A man was informed that he lent forty thousand riyals, on the condition that it be returned to him in a car worth fifty thousand, is this permissible or not?
The Shaykh:
This is not a loan; it is not called a loan, but rather a sale of a described item in the debt or a forward sale (salam). He gave him forty thousand on the condition that he would pay him a car in the future in exchange for these forty thousand. This is called a forward sale (salam) or a sale of a described item in the debt, and it is not a loan. If we call it a forward sale (salam), it is permissible. Yes. No, the forward sale (salam) is permissible; the forward sale (salam) is an exception, it is permissible, yes.
The questioner:
If he lent it and then afterwards the car was delivered.
The Shaykh:
If it was not at the time of the contract, but he originally lent it as a loan, but he converted it into a car, it is not permissible. If the original was a loan, and then afterwards he said, "I have no need for the dirhams you lent me, give me the car in exchange," we say: No, this is forbidden and not permissible. The operative cause is that this is an increase in the loan. He gives him the dirham, or he takes from him only, and he does not give him the car. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 11 من 89|شرح العدة في شرح العمدة|البيوع|باب الربا|صالح الفوزان|الفقه|كبار العلماء — youtube.com (59:03)
The Arabic text is a machine transcription of the audio recording.
