The Ruling on Selling Real Estate at Two Prices: Cash and Installments
Machine translationRead the Arabic original
The questioner : We ask the Shaykh, in your presence, our Shaykh, about a report that someone said regarding housing documents for a single account, meaning good hands, and that it was reported from him that he has a debt. And if it is from the poor among the residents, it is the housing work in Marj al-Hammam, the house is seventeen thousand dinars, whether cash or installments, as is sufficient, but the condition is that the first installment, for example, is two thousand at the start; he does not take the start, he does not buy the start, he does not reside in the start, and every month eighty dinars. If this method is correct, was this reported? By Allah, I have not heard it; I have not heard it. If it is in this form, there is no problem with it.
The Shaykh : Even until a legal ruling is placed, the opinion of the engineers or contractors must be sought: if this apartment is sold for seventeen thousand, is this price the price of the apartment in cash or in installments?
The questioner : This was the speech of a specialist in this matter.
The Shaykh : So I say, if they are the people of expertise and the contractors.
The questioner : Yes.
The Shaykh : They testify that this price is the current price of the apartment, meaning cash. At that point, it is said: May Allah sell you better, and this is the lawful sale for which he is rewarded. If one, for example, had two dirhams, it is as if he gave charity with one dirham, so the surplus is a great good. And initially, it is good. It becomes clear that he should be mindful. The engineer, the contractor, regarding this matter, said to him that this price is the price, meaning the value, absolutely, because I know a man from Dar Yasin. Or. Yes, Abu 'Abd.
The questioner : Yes.
The Shaykh : Father. And he says the same thing, that he does not ask for a difference, what? Shortening? But I learned that the one who wants to pay in cash has the ability to lower the price, and I do not prevent the lowering. And this puts a question mark or a Syrian expression, it puts a mark in the matter: why did he lower it? Whereas if they negotiate with the one who wants to buy in installments, he does not lower it and does not move. So I fear what I fear, that it is this or that, not specifically designated or defined. That Kuwaiti merchant who was selling to you at two prices, the installment price was higher than the cash price, and it was reported to him that it is not permissible for one to sell
The Shaykh : Even until a legal ruling is placed, the opinion of the engineers or contractors must be sought: if this apartment is sold for seventeen thousand, is this price the price of the apartment in cash or in installments?
The questioner : This was the speech of a specialist in this matter.
The Shaykh : So I say, if they are the people of expertise and the contractors.
The questioner : Yes.
The Shaykh : They testify that this price is the current price of the apartment, meaning cash. At that point, it is said: May Allah sell you better, and this is the lawful sale for which he is rewarded. If one, for example, had two dirhams, it is as if he gave charity with one dirham, so the surplus is a great good. And initially, it is good. It becomes clear that he should be mindful. The engineer, the contractor, regarding this matter, said to him that this price is the price, meaning the value, absolutely, because I know a man from Dar Yasin. Or. Yes, Abu 'Abd.
The questioner : Yes.
The Shaykh : Father. And he says the same thing, that he does not ask for a difference, what? Shortening? But I learned that the one who wants to pay in cash has the ability to lower the price, and I do not prevent the lowering. And this puts a question mark or a Syrian expression, it puts a mark in the matter: why did he lower it? Whereas if they negotiate with the one who wants to buy in installments, he does not lower it and does not move. So I fear what I fear, that it is this or that, not specifically designated or defined. That Kuwaiti merchant who was selling to you at two prices, the installment price was higher than the cash price, and it was reported to him that it is not permissible for one to sell
Source
سلسلة الهدى والنور، المجلس 21 — d3watuna.com (35:19)
The Arabic text is a machine transcription of the audio recording.