The Ruling on the Colleagues' and Coworkers' Ghaylah
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Question:
I have not seen your ghaylah, which is called a "society" that takes place among colleagues and coworkers. The method is that a group of coworkers or professionals gather, and each of them pays a sum of money from his salary. Then, the total of these amounts is taken by one of them each month. He asks: Does this fall under loans that yield a benefit, and thus are considered riba (usury or interest)? I ask for clarification. May Allah reward you with good.
Answer:
This is a known case, and questions about it have become frequent. The scholars have differed on its ruling, divided into two groups. One group holds that it is permissible and does not consider it a loan that yields a benefit; rather, they say it is cooperation among the participants, so they permitted it. The second group holds that it is forbidden (haram) and that it is a loan that yields a benefit. I am among those who hold that it is forbidden; I am in the second group that holds that this matter is forbidden because it is a loan that yields a benefit. This is because each person lends to his colleagues on the condition that they lend to him. The Prophet (peace and blessings be upon him) said, "Every loan that yields a benefit is riba." This is from one aspect. The second aspect is that it is a loan conditioned upon a loan. I lend to you on the condition that you lend to me; you lend to me. If a loan is conditioned upon another loan, it is also riba. It contains two defects, or rather many defects, but the greatest of them is that it is a loan that yields a benefit.
Second, it is a loan conditioned upon a loan, because each person lends to his colleagues on the condition that they lend to him. This is like two sales in one sale, as the Prophet (peace and blessings be upon him) forbade. He forbade two sales in one sale, as if one were to say, "I will sell you this car on the condition that you sell me your house, for example," or "I will sell you this item on the condition that you sell me such-and-such." A sale conditioned upon a sale, a loan conditioned upon a loan, so this is not permissible.
I have not seen your ghaylah, which is called a "society" that takes place among colleagues and coworkers. The method is that a group of coworkers or professionals gather, and each of them pays a sum of money from his salary. Then, the total of these amounts is taken by one of them each month. He asks: Does this fall under loans that yield a benefit, and thus are considered riba (usury or interest)? I ask for clarification. May Allah reward you with good.
Answer:
This is a known case, and questions about it have become frequent. The scholars have differed on its ruling, divided into two groups. One group holds that it is permissible and does not consider it a loan that yields a benefit; rather, they say it is cooperation among the participants, so they permitted it. The second group holds that it is forbidden (haram) and that it is a loan that yields a benefit. I am among those who hold that it is forbidden; I am in the second group that holds that this matter is forbidden because it is a loan that yields a benefit. This is because each person lends to his colleagues on the condition that they lend to him. The Prophet (peace and blessings be upon him) said, "Every loan that yields a benefit is riba." This is from one aspect. The second aspect is that it is a loan conditioned upon a loan. I lend to you on the condition that you lend to me; you lend to me. If a loan is conditioned upon another loan, it is also riba. It contains two defects, or rather many defects, but the greatest of them is that it is a loan that yields a benefit.
Second, it is a loan conditioned upon a loan, because each person lends to his colleagues on the condition that they lend to him. This is like two sales in one sale, as the Prophet (peace and blessings be upon him) forbade. He forbade two sales in one sale, as if one were to say, "I will sell you this car on the condition that you sell me your house, for example," or "I will sell you this item on the condition that you sell me such-and-such." A sale conditioned upon a sale, a loan conditioned upon a loan, so this is not permissible.
Source
جمعيات الموظفين — alfawzan.live
The Arabic text is a machine transcription of the audio recording.