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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the Shari'ah-compliant method for purchasing real estate from a bank?

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Question:
May Allah reward you. We also have with us our brother, Daif Allah. Please, my brother Daif Allah. Peace, mercy, and blessings of Allah be upon you. Peace, mercy, and blessings of Allah be upon you. I love you for the sake of Allah, O Shaykh. May Allah welcome you. I would like to ask about the method of purchasing real estate from the bank. In some banks, yes, when I want to buy real estate from them, the bank purchases the real estate for a period of, for example, ten or fifteen days. We say this is to secure the rights. Is this method correct or incorrect? Very well, thank you, Daif Allah.

Answer:
By Allah, purchasing real estate from banks has a system at the banks, but it is not permissible for anyone, neither the bank nor anyone else, to sell something unless he owns it before the sale. The Messenger (peace and blessings be upon him) said:
Do not sell what is not with you.لا تبع ما ليس عندك
Sunan Ibn Majah 2187Hasan (Darussalam)
Therefore, banks must provide the goods they intend to sell to the debtor, to the borrowers, to the debtors. They must provide the goods in their ownership and possession, and then sell them to the debtors. And the debtor must not dispose of them until he takes full possession of them, and he must sell them to someone other than the one from whom he borrowed. He must sell them to a party other than the one from whom he borrowed. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، ما الطريقة الشرعية في شراء العقار من البنك؟ الشيخ صالح بن فوزان الفوزان — youtube.com

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

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