Sale on Installment in a Country That Imposes a Systematic Increase on the Installments
Machine translationRead the Arabic original
The questioner:
This is, Honorable Shaykh, he says: I am a Muslim living in France, and one of the Muslim brothers wanted to buy an item from me,
The Shaykh:
and I contacted him.
The questioner:
to buy an item from me. Yes. We agreed on the price, to be paid in equal installments over twelve months, but the law in France imposes a percentage increase on the price in the case of installments. I find difficulty with this increase. His question is: Is it permissible for me to sign the contract in front of the judge who mentions the increase, and then not take it from the buyer by mutual agreement between us?
The Shaykh:
and then not.
The questioner:
and then not take it from the buyer by mutual agreement between us.
The Shaykh:
And what does he not take? The increase. Or does the government take a sales tax on their sales, or is this the question?
The questioner:
And I look at it as shirk (associating partners with Allah). Yes.
The Shaykh:
The government takes a sales tax, and what is the question again?
The questioner:
He says, may Allah keep you safe: I am a Muslim living in France, and one of the Muslim brothers wanted to buy an item from me, and we agreed on the price.
The Shaykh:
And the item is with you, the item is present with you, it is your property, yes.
The questioner:
And we agreed on the price, to be paid in equal installments over twelve months, but the law in France imposes a percentage increase on the price in the case of installments, and I find difficulty with this increase at this rate. So, is it permissible for me to sign the contract in front of the judge who mentions the increase?
The Shaykh:
The percentage means, the increase, he means the percentage. Yes.
The questioner:
And then not take it from the buyer, or.
The Shaykh:
That is, Muhannad.
The questioner:
On the line.
The Shaykh:
Rather, you take the increase, or rather, the party takes it, no, the government takes it as a tax. The question is not clear, yes.
This is, Honorable Shaykh, he says: I am a Muslim living in France, and one of the Muslim brothers wanted to buy an item from me,
The Shaykh:
and I contacted him.
The questioner:
to buy an item from me. Yes. We agreed on the price, to be paid in equal installments over twelve months, but the law in France imposes a percentage increase on the price in the case of installments. I find difficulty with this increase. His question is: Is it permissible for me to sign the contract in front of the judge who mentions the increase, and then not take it from the buyer by mutual agreement between us?
The Shaykh:
and then not.
The questioner:
and then not take it from the buyer by mutual agreement between us.
The Shaykh:
And what does he not take? The increase. Or does the government take a sales tax on their sales, or is this the question?
The questioner:
And I look at it as shirk (associating partners with Allah). Yes.
The Shaykh:
The government takes a sales tax, and what is the question again?
The questioner:
He says, may Allah keep you safe: I am a Muslim living in France, and one of the Muslim brothers wanted to buy an item from me, and we agreed on the price.
The Shaykh:
And the item is with you, the item is present with you, it is your property, yes.
The questioner:
And we agreed on the price, to be paid in equal installments over twelve months, but the law in France imposes a percentage increase on the price in the case of installments, and I find difficulty with this increase at this rate. So, is it permissible for me to sign the contract in front of the judge who mentions the increase?
The Shaykh:
The percentage means, the increase, he means the percentage. Yes.
The questioner:
And then not take it from the buyer, or.
The Shaykh:
That is, Muhannad.
The questioner:
On the line.
The Shaykh:
Rather, you take the increase, or rather, the party takes it, no, the government takes it as a tax. The question is not clear, yes.
Source
شرح أخصر المختصرات في الفقه، فصل: والشروط في البيع ضربان — islamhouse.com (1:06:40)
The Arabic text is a machine transcription of the audio recording.