The ruling on purchasing a car from a bank through the sale to the orderer of the purchase
Machine translationRead the Arabic original
Question:
This questioner, Abu 'Abdullah, asks: What is the ruling on acquiring a car from a bank using the sale to the orderer of the purchase format, where the client asks the bank to buy a car, then the bank buys the car, then it calls the client to sign the contract and pay part of the car installments, and then the client receives the car from the bank.
Answer:
It is not permissible for the bank or anyone else to sell something unless they own it. One of the conditions for the validity of a sale is that the seller owns the item being sold or is authorized to sell it, such as an agent. So, one does not sell a car that he does not own, then go and buy it and deliver it to the buyer. No, this is not permissible. The Prophet (peace and blessings be upon him) said to Hakim ibn Hizam (may Allah be pleased with him)Sunan Ibn Majah 2187Hasan (Darussalam). Yes.
This questioner, Abu 'Abdullah, asks: What is the ruling on acquiring a car from a bank using the sale to the orderer of the purchase format, where the client asks the bank to buy a car, then the bank buys the car, then it calls the client to sign the contract and pay part of the car installments, and then the client receives the car from the bank.
Answer:
It is not permissible for the bank or anyone else to sell something unless they own it. One of the conditions for the validity of a sale is that the seller owns the item being sold or is authorized to sell it, such as an agent. So, one does not sell a car that he does not own, then go and buy it and deliver it to the buyer. No, this is not permissible. The Prophet (peace and blessings be upon him) said to Hakim ibn Hizam (may Allah be pleased with him)
Do not sell what is not with you.
لا تبع ما ليس عندك
Source
نور على الدرب - الفوزان - 03/105 — archive.org (9:19)
The Arabic text is a machine transcription of the audio recording.