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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Selling a car pledged as collateral for installment payments when repayment becomes impossible

Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is your view on a sale of this nature? A person sells a car to another for a specific amount in installments. If the buyer is unable to pay afterwards, the seller sells the car and takes the remainder of his right, and gives whatever remains of its value to the buyer. It is known that this was the condition before the sale.

Answer:
If he pledged it, if he pledged the car for its installment value, then if fulfilling the obligation becomes difficult, he sells the car and takes his right from the pledge; there is no harm in that. The pledge is that from which the pledge is not taken except for this purpose, except for the fact that the seller takes his right from it. If the term expires, the pledge is sold and the creditor takes his right, and if anything remains, it is returned to the debtor. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 054 من 123 / شرح كتاب زاد المستقنع / البيع / الخيار / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:06:41)

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

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