The Issue of 'Inah and the Issue of Tawarruq
Machine translationRead the Arabic original
Question:
The Shaykh (may Allah have mercy on him), what is the issue of al-daynah? And is it possible for people to engage in the sale of cars on installments, and then for this seller to sell it for a cash price? Does this count as the issue of al-daynah? And what is the ruling if he sells it to any other seller?
Answer:
The issue of 'inah is what the questioner mentioned: that he sells a commodity for a deferred price, then buys it back from him for a cash price that is less than the deferred price. Thus, his commodity returns to him, and the intention is to exchange dirhams for deferred dirhams, using the commodity as a ruse to reach riba (usury or interest). This is the sale of 'inah. However, if he buys it for a deferred price and then sells it to someone else, there is no harm in that. This is called the issue of tawarruq, and there is no harm in it, because people have a need for it. The person in need has no money, and no one is lending to him.
He goes and buys a car or something else, then sells it in the market and benefits from its cash price. When the term comes due, he pays the creditor. There is no harm in this; this is the issue of tawarruq. But if he sells it to the same creditor, this is the issue of 'inah. It is not permissible for the seller as long as the seller has not received its price, because it becomes a sale of dirhams for deferred dirhams, with the commodity used as a ruse.
The Shaykh (may Allah have mercy on him), what is the issue of al-daynah? And is it possible for people to engage in the sale of cars on installments, and then for this seller to sell it for a cash price? Does this count as the issue of al-daynah? And what is the ruling if he sells it to any other seller?
Answer:
The issue of 'inah is what the questioner mentioned: that he sells a commodity for a deferred price, then buys it back from him for a cash price that is less than the deferred price. Thus, his commodity returns to him, and the intention is to exchange dirhams for deferred dirhams, using the commodity as a ruse to reach riba (usury or interest). This is the sale of 'inah. However, if he buys it for a deferred price and then sells it to someone else, there is no harm in that. This is called the issue of tawarruq, and there is no harm in it, because people have a need for it. The person in need has no money, and no one is lending to him.
He goes and buys a car or something else, then sells it in the market and benefits from its cash price. When the term comes due, he pays the creditor. There is no harm in this; this is the issue of tawarruq. But if he sells it to the same creditor, this is the issue of 'inah. It is not permissible for the seller as long as the seller has not received its price, because it becomes a sale of dirhams for deferred dirhams, with the commodity used as a ruse.
Source
قناة «العلامة الدكتور صالح الفوزان»، 11 من 89|شرح العدة في شرح العمدة|البيوع|باب الربا|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:03:03)
The Arabic text is a machine transcription of the audio recording.
