Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The lease ending in ownership contract: If the contract is modified such that the item sold is pledged, is the contract valid?

Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. Regarding the lease ending in ownership contract, if the nature of the contract is changed so that the item sold is pledged, and the seller permits the buyer to use the car, is the contract valid with this condition?

Answer:
No. The sale ending in ownership, or the lease ending in ownership, is not valid because it combines two contracts that differ in their rulings. The lease is a contract and the sale is a contract, and each of the two contracts has its own rulings, so one must not mix the rulings of the lease with the rulings of the sale. This is the operative cause. Also, this is to the benefit of the companies, as they exploit the buyer by taking the yield of the car. When it wears out and is consumed, they say it is yours, and it is worn out and consumed. They have worn it out and exhausted it. So when it is consumed and becomes a wreck, they say it is yours. This is exploiting the poor without any benefit returning to him. He says: Honorable Shaykh, may Allah grant you success. Also, it is a suspended sale. The sale is suspended, and a suspended sale is not valid.
Source قناة «العلامة الدكتور صالح الفوزان»، [1180 -2802] عقد الإجارة المنتهي بالتمليك لو غير العقد حيث يجعل المبيع مرهونًا، هل يصح العقد؟ — youtube.com

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

Flag this fatwa