The Ruling on Selling a Debt to the One Who Owes It
Machine translationRead the Arabic original
The questioner:
Did you understand that? Yes.
The Shaykh:
What is the closest one? What is in it? We came to sell. On the individual, on the city. It is permissible to sell it to the one who owes it, no condition, it is permissible to sell it to the one who owes it, yes.
The questioner:
I am at ease.
The Shaykh:
Before, before, it is permissible to sell the debt to the one who owes it, if the one who owes it to you is in a state other than salam, as for a debt other than salam, it is permissible to sell it to the one who owes it,
The questioner:
According to the distinction.
The Shaykh:
Regarding salam, the Prophet (peace and blessings be upon him) said, "He does not transfer it to another," there is a transfer, and there is a text that forbids it. Yes. And Allah is the proof; they used to say that the original ruling in transactions is permissibility, and there is no gharar (excessive uncertainty in a contract) or ignorance in this because it is controlled by specifications, right? But the majority say no, because this is a sale of a non-existent thing, a sale of a non-existent thing that has not yet come into existence, so there is gharar (excessive uncertainty in a contract) and ignorance, and this is the correct view, the view of the majority, that there is gharar (excessive uncertainty in a contract) and ignorance, and it is a sale of something that does not yet exist, yes.
Did you understand that? Yes.
The Shaykh:
What is the closest one? What is in it? We came to sell. On the individual, on the city. It is permissible to sell it to the one who owes it, no condition, it is permissible to sell it to the one who owes it, yes.
The questioner:
I am at ease.
The Shaykh:
Before, before, it is permissible to sell the debt to the one who owes it, if the one who owes it to you is in a state other than salam, as for a debt other than salam, it is permissible to sell it to the one who owes it,
The questioner:
According to the distinction.
The Shaykh:
Regarding salam, the Prophet (peace and blessings be upon him) said, "He does not transfer it to another," there is a transfer, and there is a text that forbids it. Yes. And Allah is the proof; they used to say that the original ruling in transactions is permissibility, and there is no gharar (excessive uncertainty in a contract) or ignorance in this because it is controlled by specifications, right? But the majority say no, because this is a sale of a non-existent thing, a sale of a non-existent thing that has not yet come into existence, so there is gharar (excessive uncertainty in a contract) and ignorance, and this is the correct view, the view of the majority, that there is gharar (excessive uncertainty in a contract) and ignorance, and it is a sale of something that does not yet exist, yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 16 من 89|شرح العدة في شرح العمدة|البيوع|باب القرض وغيره|صالح الفوزان|الفقه|كبار العلماء — youtube.com (29:44)
The Arabic text is a machine transcription of the audio recording.
