What is the operative cause of the prohibition of what is called a lease ending in ownership?
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, he says: What is the operative cause of the prohibition of what is called a lease ending in ownership?
The Shaykh:
Because it combines two different contracts, each of which has its own ruling, so it is not permissible. Also, because the item being sold is unknown; one does not know what the commodity will become after that, so it is the sale of something unknown in the future.
The questioner:
And is it the same in ruling?
The Shaykh:
Also, a sale that is deferred is not allowed; the contract of sale must not be deferred. It must be immediate and present. One does not say, "If so-and-so comes, I will sell you the house," or "If so-and-so comes, or if such-and-such month arrives, I will sell." It is not permissible to sell in the future; it must be present.
The questioner:
Then he says, may Allah preserve you: Is it the same in ruling as what is called a lease ending in a promise of ownership?
The Shaykh:
This is a ruse. When they were told that this is forbidden, they twisted it and said, "Promise me ownership." All of it is not permissible; all of it is a ruse. Yes.
Honorable Shaykh, may Allah grant you success, he says: What is the operative cause of the prohibition of what is called a lease ending in ownership?
The Shaykh:
Because it combines two different contracts, each of which has its own ruling, so it is not permissible. Also, because the item being sold is unknown; one does not know what the commodity will become after that, so it is the sale of something unknown in the future.
The questioner:
And is it the same in ruling?
The Shaykh:
Also, a sale that is deferred is not allowed; the contract of sale must not be deferred. It must be immediate and present. One does not say, "If so-and-so comes, I will sell you the house," or "If so-and-so comes, or if such-and-such month arrives, I will sell." It is not permissible to sell in the future; it must be present.
The questioner:
Then he says, may Allah preserve you: Is it the same in ruling as what is called a lease ending in a promise of ownership?
The Shaykh:
This is a ruse. When they were told that this is forbidden, they twisted it and said, "Promise me ownership." All of it is not permissible; all of it is a ruse. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1707 -3022] ما العلة في تحريم ما يسمى الإيجار المنتهي بالتمليك؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.