A forward sale without a specified term
Machine translationRead the Arabic original
Fatwa number ( 6097 )
Q: First: A citizen applies to purchase a car from a wealthy individual. At that point, they agree on the type and model of the car, and the buyer pays a down payment of an amount he can afford. The profit is secured at, for example, ten thousand or less or more, depending on the value of the car from the showroom. After that, the wealthy person goes and buys a car after the agreement, then delivers it to the buyer, and the buyer pays the remainder according to the agreement. This is one method. Second: Another method: Some knowledgeable people say: I want a car, but I have no money except this much, and I fear there may be something wrong with the road, so I want you to go to the car company and buy me a car in my name directly from the institution, and you act as my guarantor, taking the down payment and installments and paying them off. They had previously agreed on the value, so we hope from Allah, then from your Eminence, to inform us about the matter; for it is of great importance, and there is a fear that it may be usury or related to it,
in addition to the fact that it is a sale of something before its possession, and we fear that its danger will spread and its harm will become widespread, especially since people in the regions of Tihama still have many rulings regarding transactions hidden from them; due to much ignorance, and the rapid increase of wealth; therefore, we ask for clarification of the ruling on both matters, and the solution for those who have fallen into either, as many have become entangled, even those with knowledge or responsibility. As we previously requested a fatwa on the matter in the past, and you answered, may Allah guide you, that the matter leads to litigation, and its reference is the judge of the country, but the matter has become important and collective, forming agreements, and does not require litigation for the judge to know the direction of the Shari'ah. We ask that it be disseminated, according to your blessed opinion, to all competent authorities to monitor those who deal in this, and to prevent everyone from transactions that are contrary to the Shari'ah; to preserve the spirit of faith and Islamic dealing, especially in a country like this that applies the Shari'ah. May Allah bless your works and prolong your life.
A: First: If the contract is concluded between the two parties regarding the price and the car, after specifying the car's attributes only without designating the specific car, and before the wealthy person buys it for him, then it is a salam sale without a term, because the capital of the salam or part of it is delayed, so it becomes a sale of deferred payment for deferred payment; because the car becomes a debt to the buyer
in the liability of the seller, and the price becomes a debt to the seller in the liability of the buyer, since neither of them paid what they committed to in the contract session, and this is prohibited. The correct method in that is: that the two parties do not contract initially, but rather the wealthy person buys the car and takes possession of it when the buyer comes to him, then he sells it to him for the price they agreed upon, in installments or a single installment to a term, and it is called: a sale to a term, and it is permissible. Second: If the two parties agree that the wealthy person will undertake to buy the car on installments from the institution in the name of the first party, considering him as his agent, and whenever the buyer pays an installment to the agent, he pays it to the institution on his behalf, then this is permissible. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: First: A citizen applies to purchase a car from a wealthy individual. At that point, they agree on the type and model of the car, and the buyer pays a down payment of an amount he can afford. The profit is secured at, for example, ten thousand or less or more, depending on the value of the car from the showroom. After that, the wealthy person goes and buys a car after the agreement, then delivers it to the buyer, and the buyer pays the remainder according to the agreement. This is one method. Second: Another method: Some knowledgeable people say: I want a car, but I have no money except this much, and I fear there may be something wrong with the road, so I want you to go to the car company and buy me a car in my name directly from the institution, and you act as my guarantor, taking the down payment and installments and paying them off. They had previously agreed on the value, so we hope from Allah, then from your Eminence, to inform us about the matter; for it is of great importance, and there is a fear that it may be usury or related to it,
in addition to the fact that it is a sale of something before its possession, and we fear that its danger will spread and its harm will become widespread, especially since people in the regions of Tihama still have many rulings regarding transactions hidden from them; due to much ignorance, and the rapid increase of wealth; therefore, we ask for clarification of the ruling on both matters, and the solution for those who have fallen into either, as many have become entangled, even those with knowledge or responsibility. As we previously requested a fatwa on the matter in the past, and you answered, may Allah guide you, that the matter leads to litigation, and its reference is the judge of the country, but the matter has become important and collective, forming agreements, and does not require litigation for the judge to know the direction of the Shari'ah. We ask that it be disseminated, according to your blessed opinion, to all competent authorities to monitor those who deal in this, and to prevent everyone from transactions that are contrary to the Shari'ah; to preserve the spirit of faith and Islamic dealing, especially in a country like this that applies the Shari'ah. May Allah bless your works and prolong your life.
A: First: If the contract is concluded between the two parties regarding the price and the car, after specifying the car's attributes only without designating the specific car, and before the wealthy person buys it for him, then it is a salam sale without a term, because the capital of the salam or part of it is delayed, so it becomes a sale of deferred payment for deferred payment; because the car becomes a debt to the buyer
in the liability of the seller, and the price becomes a debt to the seller in the liability of the buyer, since neither of them paid what they committed to in the contract session, and this is prohibited. The correct method in that is: that the two parties do not contract initially, but rather the wealthy person buys the car and takes possession of it when the buyer comes to him, then he sells it to him for the price they agreed upon, in installments or a single installment to a term, and it is called: a sale to a term, and it is permissible. Second: If the two parties agree that the wealthy person will undertake to buy the car on installments from the institution in the name of the first party, considering him as his agent, and whenever the buyer pays an installment to the agent, he pays it to the institution on his behalf, then this is permissible. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.