The ruling on purchasing a house through a company with the bank on an installment basis
Machine translationRead the Arabic original
Question:
The questioner says: Shaykh, what is the ruling of the Shari'ah regarding the following transaction in some countries? When a person wants to buy a house, he forms a company with the bank, and this company is registered. Then the company buys the house and subsequently sells it to the same person on an installment basis. What is the ruling of the Shari'ah on this transaction?
Answer:
This transaction is not permissible because the bank or the company does not own the commodity at the time of the contract. Rather, they contract with the customer, then go and secure the commodity, buying it from whoever has it and writing it in the customer's name. This is a sale that is not permissible, because he sold something he does not own, and he has nothing at the time of the contract or the agreement. The Prophet (peace and blessings be upon him) said:Sunan Ibn Majah 2187Hasan (Darussalam). Therefore, any person, company, or bank that does not own the commodity at the time of the contract, it is not permissible to buy from them or deal with them regarding a non-existent item.
He only secures it after the agreement is completed, the signatures are made, and the papers are filled out. Perhaps a down payment is given. The customer gives a down payment, then the other party goes and buys the commodity. This is selling what one does not own, and it is forbidden. Yes.
The questioner says: Shaykh, what is the ruling of the Shari'ah regarding the following transaction in some countries? When a person wants to buy a house, he forms a company with the bank, and this company is registered. Then the company buys the house and subsequently sells it to the same person on an installment basis. What is the ruling of the Shari'ah on this transaction?
Answer:
This transaction is not permissible because the bank or the company does not own the commodity at the time of the contract. Rather, they contract with the customer, then go and secure the commodity, buying it from whoever has it and writing it in the customer's name. This is a sale that is not permissible, because he sold something he does not own, and he has nothing at the time of the contract or the agreement. The Prophet (peace and blessings be upon him) said:
Do not sell what is not with you.
لا تبع ما ليس عندكHe only secures it after the agreement is completed, the signatures are made, and the papers are filled out. Perhaps a down payment is given. The customer gives a down payment, then the other party goes and buys the commodity. This is selling what one does not own, and it is forbidden. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، محاضرات في العقيدة والدعوة-37-قضايا فقهية - 01|صالح الفوزان|العام|كبار العلماء — youtube.com (29:35)
The Arabic text is a machine transcription of the audio recording.
