Combining Two Contracts
Machine translationRead the Arabic original
The second question of Fatwa No. ( 19431 )
Q2: There is a transaction among us Bedouins in Egypt , which is as follows: A man sells sheep or camels to another man on deferred payment, at a price that includes an increase over the cash price
for a period of three years or more, and he conditions that the buyer share in the profit with him after the buyer pays the price of the sheep. If the buyer is unable to pay the price of the sheep within this period, the owner of the sheep takes his sheep back, and the buyer bears the cost of the feed and grazing. If he pays the price, they distribute the remaining production between them. Knowing that the seller pays for the sheep from the production, is this form lawful or not?
A2: This sale is not valid; because it combines two contracts, a sale contract and a partnership contract, so it is two sales in one sale, which is prohibited. And because it is a sale contingent upon the occurrence of profit, and both of these are preventers of the validity of the sale. And in it is consuming wealth unjustly; because if the buyer is unable to pay the price, what he spent on the sheep is lost.
Q2: There is a transaction among us Bedouins in Egypt , which is as follows: A man sells sheep or camels to another man on deferred payment, at a price that includes an increase over the cash price
for a period of three years or more, and he conditions that the buyer share in the profit with him after the buyer pays the price of the sheep. If the buyer is unable to pay the price of the sheep within this period, the owner of the sheep takes his sheep back, and the buyer bears the cost of the feed and grazing. If he pays the price, they distribute the remaining production between them. Knowing that the seller pays for the sheep from the production, is this form lawful or not?
A2: This sale is not valid; because it combines two contracts, a sale contract and a partnership contract, so it is two sales in one sale, which is prohibited. And because it is a sale contingent upon the occurrence of profit, and both of these are preventers of the validity of the sale. And in it is consuming wealth unjustly; because if the buyer is unable to pay the price, what he spent on the sheep is lost.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.