The Ruling on the Issue of Tawarruq
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Question:
Or he says, "I bought a car with a loan, and I do not want this car, and I do not want to benefit from its price after understanding it. Is this tawarruq?"
Answer:
Yes, this is tawarruq. It is permissible according to the majority, on the condition that you do not sell it to the lender. You do not sell it to the lender; rather, you sell it to someone else. You sell it in the market to someone other than the lender, and you benefit from its price. This is the issue of tawarruq. The majority of scholars hold that it is permissible due to the need for it, and because it keeps one away from riba (usury or interest) and its variations. It fulfills the needs of people, and it keeps one away from riba. It also includes, as we mentioned, helping the poor, because the poor person cannot find anyone to give him a lawful loan. If he finds a riba loan in the banks, that is not permissible. However, if he finds someone to give him a lawful loan, there is no need for the issue of tawarruq. But if he does not find anyone to lend to him, he acts according to the issue of tawarruq, on the condition that he does not sell it to the lender, but rather sells it to
Or he says, "I bought a car with a loan, and I do not want this car, and I do not want to benefit from its price after understanding it. Is this tawarruq?"
Answer:
Yes, this is tawarruq. It is permissible according to the majority, on the condition that you do not sell it to the lender. You do not sell it to the lender; rather, you sell it to someone else. You sell it in the market to someone other than the lender, and you benefit from its price. This is the issue of tawarruq. The majority of scholars hold that it is permissible due to the need for it, and because it keeps one away from riba (usury or interest) and its variations. It fulfills the needs of people, and it keeps one away from riba. It also includes, as we mentioned, helping the poor, because the poor person cannot find anyone to give him a lawful loan. If he finds a riba loan in the banks, that is not permissible. However, if he finds someone to give him a lawful loan, there is no need for the issue of tawarruq. But if he does not find anyone to lend to him, he acts according to the issue of tawarruq, on the condition that he does not sell it to the lender, but rather sells it to
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب الوضوء - 2 — islamhouse.com (1:09:55)
The Arabic text is a machine transcription of the audio recording.