A person asks another to buy a commodity for him with cash, then sell it to him on credit
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Fatwa No. ( 2020 ):
Q: A person asked his friend to buy a car for him with cash, then resell it to him on credit with a profit in the sale, meaning: if the car is worth a thousand at the time of cash purchase, he resells it to his friend for a thousand and one hundred, for example, on a known term, with an explanation of the position of Imam Malik (may Allah have mercy on him): that it was reported to him that the Messenger of Allah (peace and blessings be upon him) forbade two sales in one sale, with the hope of citing some examples that may fall under this prohibition, and whether it is considered a type of riba?
A: If a person asks another to buy a specific car, or one described in a way that defines it, and promises to buy it from him, and he buys it from the one who asked him and takes possession of it, it is permissible for the one who asked for it to buy it from him afterwards, either with cash or in deferred installments with a known profit. This is not a case of a person selling what he does not have; because the one from whom the commodity was requested only sold it to the requester after he had bought it and taken possession of it. He is not allowed to sell it to his friend, for example, before he buys it, or after buying it but before taking possession of it; due to the Prophet’s (peace and blessings be upon him) prohibition of selling goods where they are bought until the merchants take them to their homes. As for what the Prophet (peace and blessings be upon him) forbade regarding two sales in one sale, the majority of scholars explained it as when the owner of the commodity says: I sold you this commodity for ten dirhams, for example, in cash, or for fifteen on a one-year term, for example. Or he says: I sold you one of these two cows for a thousand riyals, for example. The buyer accepts, then they part ways without specifying one of the two conditions of cash or term in the first example, and without specifying one of the two cows, for example, in the second example. This is forbidden due to the ambiguity of the condition regarding immediate or deferred payment, and the ambiguity of the price following that in the first issue, and due to the ambiguity of the commodity on which the contract was made in the second issue. The majority of scholars also included in this the statement of a person to another: I sold you
my house for such-and-such; on the condition that you sell me your house for such-and-such, or on the condition that you work as a wage-earner for me for a month, for example, for such-and-such, or on the condition that you marry me your daughter for such-and-such, or on the condition that I marry you my daughter for such-and-such. These examples are among the invalid sales; because they are among the forms of two sales in one sale, and the Prophet (peace and blessings be upon him) forbade that. The well-known issue of 'inah is also among the forms of two sales in one sale. We advise you to review (Al-Mughni) by Ibn Qudamah (may Allah have mercy on him) on this issue, and the words of the scholar Ibn al-Qayyim on the Prophet’s (peace and blessings be upon him) hadith about two sales in one sale in the book (Tahdhib al-Sunan) and (I'lam al-Muwaqqi'in).
Q: A person asked his friend to buy a car for him with cash, then resell it to him on credit with a profit in the sale, meaning: if the car is worth a thousand at the time of cash purchase, he resells it to his friend for a thousand and one hundred, for example, on a known term, with an explanation of the position of Imam Malik (may Allah have mercy on him): that it was reported to him that the Messenger of Allah (peace and blessings be upon him) forbade two sales in one sale, with the hope of citing some examples that may fall under this prohibition, and whether it is considered a type of riba?
A: If a person asks another to buy a specific car, or one described in a way that defines it, and promises to buy it from him, and he buys it from the one who asked him and takes possession of it, it is permissible for the one who asked for it to buy it from him afterwards, either with cash or in deferred installments with a known profit. This is not a case of a person selling what he does not have; because the one from whom the commodity was requested only sold it to the requester after he had bought it and taken possession of it. He is not allowed to sell it to his friend, for example, before he buys it, or after buying it but before taking possession of it; due to the Prophet’s (peace and blessings be upon him) prohibition of selling goods where they are bought until the merchants take them to their homes. As for what the Prophet (peace and blessings be upon him) forbade regarding two sales in one sale, the majority of scholars explained it as when the owner of the commodity says: I sold you this commodity for ten dirhams, for example, in cash, or for fifteen on a one-year term, for example. Or he says: I sold you one of these two cows for a thousand riyals, for example. The buyer accepts, then they part ways without specifying one of the two conditions of cash or term in the first example, and without specifying one of the two cows, for example, in the second example. This is forbidden due to the ambiguity of the condition regarding immediate or deferred payment, and the ambiguity of the price following that in the first issue, and due to the ambiguity of the commodity on which the contract was made in the second issue. The majority of scholars also included in this the statement of a person to another: I sold you
my house for such-and-such; on the condition that you sell me your house for such-and-such, or on the condition that you work as a wage-earner for me for a month, for example, for such-and-such, or on the condition that you marry me your daughter for such-and-such, or on the condition that I marry you my daughter for such-and-such. These examples are among the invalid sales; because they are among the forms of two sales in one sale, and the Prophet (peace and blessings be upon him) forbade that. The well-known issue of 'inah is also among the forms of two sales in one sale. We advise you to review (Al-Mughni) by Ibn Qudamah (may Allah have mercy on him) on this issue, and the words of the scholar Ibn al-Qayyim on the Prophet’s (peace and blessings be upon him) hadith about two sales in one sale in the book (Tahdhib al-Sunan) and (I'lam al-Muwaqqi'in).
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.