What is the ruling on installment sales with an increase in the price?
Machine translationRead the Arabic original
The questioner: He hears the word, comes and goes. I don't know if he hears or if he cares. I want him to take the word and let the association hear it. You are the one concerned with the situation. I want the answer now, I don't want the tape. Okay. Shaykh, if Allah blesses you, there is no harm in a brief answer in one minute.
The Shaykh: When the question comes about installment sales, it is implicitly understood that the intended meaning is installment sales with an increase in the price over the cash sale; this is the terminology of the present age. Accordingly, the answer comes, and we say: This issue has been a subject of scholarly disagreement since ancient times. It is true that a sale known as installment sales was not previously known among merchants, but what was known to them is what was mentioned in some authentic hadiths: the sale in two sales. The intended meaning is that one sells for two prices, one of which is the lower cash price, and the other is higher, being the price of the debt. The debt is now organized as installments, corresponding to what is called checks. This sale, which is called in the terminology of the Shari'ah "two sales in one sale" and is known today as installment sales, is undoubtedly not permissible to sell.
And although the issue of "two sales in one sale" has been a subject of scholarly disagreement since ancient times, the result is that "two sales in one sale" is the installment sale known today. The second sale: it was reported in the Musnad of Imam Ahmad (may Allah have mercy on him) from the hadith of Harb, from 'Abdullah ibn Mas'ud (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) prohibited two sales in one sale. It was asked of the narrator of the hadith, Sammak ibn Harb: What are two sales in one sale? He said: It is when you say, "I will sell you this for such-and-such in cash, and for such-and-such on credit." This is the installment sale: cash, as they say here, for one hundred, or on installments for one hundred and ten, or perhaps one hundred and twenty, depending on the duration.
This is "two sales in one sale," as the narrator of the hadith from Ibn Mas'ud (may Allah be pleased with him) explained. Then another hadith came, which clarifies that the increase the seller takes in exchange for the installments is riba (usury or interest). He (peace and blessings be upon him) said:Sunan Abi Dawud 3461Hasan (Al-Albani) This hadith validates the sale and invalidates the increase, and it says to the merchant: You have no right to take anything but the cash price. If you take an increase over the cash price, you have taken riba. This is the answer in brief, and the matter can bear elaboration, but as we said earlier, there are many discussions on this issue. So let us now hear other questions on this topic, which may not be repetitive.
The Shaykh: When the question comes about installment sales, it is implicitly understood that the intended meaning is installment sales with an increase in the price over the cash sale; this is the terminology of the present age. Accordingly, the answer comes, and we say: This issue has been a subject of scholarly disagreement since ancient times. It is true that a sale known as installment sales was not previously known among merchants, but what was known to them is what was mentioned in some authentic hadiths: the sale in two sales. The intended meaning is that one sells for two prices, one of which is the lower cash price, and the other is higher, being the price of the debt. The debt is now organized as installments, corresponding to what is called checks. This sale, which is called in the terminology of the Shari'ah "two sales in one sale" and is known today as installment sales, is undoubtedly not permissible to sell.
And although the issue of "two sales in one sale" has been a subject of scholarly disagreement since ancient times, the result is that "two sales in one sale" is the installment sale known today. The second sale: it was reported in the Musnad of Imam Ahmad (may Allah have mercy on him) from the hadith of
Or from the narration of Sammak ibn
أو من رواية سماك بنThis is "two sales in one sale," as the narrator of the hadith from Ibn Mas'ud (may Allah be pleased with him) explained. Then another hadith came, which clarifies that the increase the seller takes in exchange for the installments is riba (usury or interest). He (peace and blessings be upon him) said:
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتين في بيعة فله أوكسهما أو الربا
Source
سلسلة الهدى والنور، المجلس 563 — d3watuna.com (31:41)
The Arabic text is a machine transcription of the audio recording.
