The Ruling on Tawarruq and Its Conditions
Machine translationRead the Arabic original
The questioner:
This questioner, Ahmad Abdullah, says: As for those who sell cars and own cars, and who deal in tawarruq, what is the ruling on tawarruq in buying and selling? May you be rewarded.
The Shaykh:
There is scholarly disagreement regarding tawarruq, but the majority hold that it is permissible with conditions. The first condition is that the commodity must be owned by the seller-lender before the contract, and he must not agree with the buyer before he owns it, then go and buy it after agreeing with the second party. The Prophet (peace and blessings be upon him) said to Hakim ibn Hizam (may Allah be pleased with him)Sunan Ibn Majah 2187Hasan (Darussalam). This is a condition that must be met: the commodities must be available with the lenders, the merchants, and the companies that lend to people.
When the buyer and the borrower come, the commodities are present, and they buy from them what suits them. The second condition is that the buyer and the borrower must take possession of the commodity, receiving it in full, and sell it to someone other than the lender. They move it from the lender’s place to another place and sell it away from the lender, so that it does not become a case of 'inah, which is a means to riba.
If he sells it to the lender, it becomes a case of 'inah, which is prohibited and is a means to riba. So he sells it in another place and to someone other than the lender. If these conditions are met, it is permissible according to the majority, due to the need for it. Yes.
The presenter:
May Allah thank you, Honorable Shaykh, and may Allah bless you and your knowledge, and benefit Islam and the Muslims through you. This session, which was recorded with His Eminence Shaykh Salih ibn Fawzan al-Fawzan, a member of the Council of Senior Scholars and a member of the Permanent Committee for Scholarly Research and Ifta, has ended. And thank you to my colleague, the sound engineer, Uthman ibn Abd al-Karim al-Juwaybir, who recorded
The Shaykh:
this session. And may Allah’s peace, mercy, and blessings be upon you.
This questioner, Ahmad Abdullah, says: As for those who sell cars and own cars, and who deal in tawarruq, what is the ruling on tawarruq in buying and selling? May you be rewarded.
The Shaykh:
There is scholarly disagreement regarding tawarruq, but the majority hold that it is permissible with conditions. The first condition is that the commodity must be owned by the seller-lender before the contract, and he must not agree with the buyer before he owns it, then go and buy it after agreeing with the second party. 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 عندكWhen the buyer and the borrower come, the commodities are present, and they buy from them what suits them. The second condition is that the buyer and the borrower must take possession of the commodity, receiving it in full, and sell it to someone other than the lender. They move it from the lender’s place to another place and sell it away from the lender, so that it does not become a case of 'inah, which is a means to riba.
If he sells it to the lender, it becomes a case of 'inah, which is prohibited and is a means to riba. So he sells it in another place and to someone other than the lender. If these conditions are met, it is permissible according to the majority, due to the need for it. Yes.
The presenter:
May Allah thank you, Honorable Shaykh, and may Allah bless you and your knowledge, and benefit Islam and the Muslims through you. This session, which was recorded with His Eminence Shaykh Salih ibn Fawzan al-Fawzan, a member of the Council of Senior Scholars and a member of the Permanent Committee for Scholarly Research and Ifta, has ended. And thank you to my colleague, the sound engineer, Uthman ibn Abd al-Karim al-Juwaybir, who recorded
The Shaykh:
this session. And may Allah’s peace, mercy, and blessings be upon you.
Source
نور على الدرب - الفوزان - 03/234 — archive.org (15:04)
The Arabic text is a machine transcription of the audio recording.