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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Buying a house on installment through banks

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Question:
He says: Honorable Shaykh, may Allah grant you success. What is your opinion on buying a house on installment through local banks that have a legal fatwa from the regulatory authority permitting such transactions?

Answer:
If the bank or another party owns the house before you buy it from them, and it is in their possession and you buy it from them, there is no harm in that, because they are selling something they own. However, if the bank or any other party does not have the house or the item you want, and only after you agree with them do they go to buy it, or they take you to the showrooms or the houses, or you choose it and then they give you the price, this is not permissible. This is selling what they do not own, so it is not permissible. The Messenger (peace and blessings be upon him) said:
Do not sell what is not with you.لا تبع ما ليس عندك
Sunan Ibn Majah 2187Hasan (Darussalam)
. This is not permissible, and the fatwa contradicts the evidence, so it is not acted upon.

The presenter:
May Allah grant you success.
Source قناة «العلامة الدكتور صالح الفوزان»، 075 من 123 / شرح كتاب زاد المستقنع / الفرائض / ميراث المفقود / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:10:07)

The Arabic text is a machine transcription of the audio recording.

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