He sells him a car on installment and conditions that he work for him
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Fatwa number ( 6880 )
Q: I am a businessman who deals with people by selling some cars, and I include the following in the body of the contract: I sold the car to so-and-so for two hundred thousand riyals, of which so many riyals are delivered at the time of the contract, and the rest is paid in monthly installments, so many riyals each month. I condition on the buyer that he works for me, and I guarantee him work, since I undertake work from some government departments of the state. I condition on him that he works for me until the car installments are finished, or its full value, as long as my agreement with the government departments is in effect. I found that I doubt this method of conditioning that he work for me. Please inform me, may Allah reward you, about this matter, and if this
method is not sound, how do I deal with the previous contracts and their people?
A: Your conditioning in the sale contract of a second contract, which is a lease, invalidates the contract from its origin, and it is not valid; for what was narrated by Abu Dawud and al-Tirmidhi , and he graded it good, from 'Abdullah ibn 'Umar (may Allah be pleased with them both), from the Prophet (peace and blessings be upon him), that he said:Sunan an-Nasa'i 4611 , and you must beware of this in the future. As for the past, we hope that Allah will forgive you for your ignorance; for He the Exalted and Majestic said: [Al-Baqarah 2:275] .
Q: I am a businessman who deals with people by selling some cars, and I include the following in the body of the contract: I sold the car to so-and-so for two hundred thousand riyals, of which so many riyals are delivered at the time of the contract, and the rest is paid in monthly installments, so many riyals each month. I condition on the buyer that he works for me, and I guarantee him work, since I undertake work from some government departments of the state. I condition on him that he works for me until the car installments are finished, or its full value, as long as my agreement with the government departments is in effect. I found that I doubt this method of conditioning that he work for me. Please inform me, may Allah reward you, about this matter, and if this
method is not sound, how do I deal with the previous contracts and their people?
A: Your conditioning in the sale contract of a second contract, which is a lease, invalidates the contract from its origin, and it is not valid; for what was narrated by Abu Dawud and al-Tirmidhi , and he graded it good, from 'Abdullah ibn 'Umar (may Allah be pleased with them both), from the Prophet (peace and blessings be upon him), that he said:
It is not permissible to lend on the condition of a sale, or to have two conditions in one transaction, or to sell what you do not have.
لا يحل سلف وبيع، ولا شرطان في بيع، ولا بيع ما ليس عندكSo whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah
فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.