What is the ruling on buying a car from a bank after it has purchased it and sold it to the buyer on installments?
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Question:
Honorable Shaykh, this questioner says: I wanted to buy a car from the showroom, so I went to the National Bank to negotiate so that we could negotiate for the car, have them buy it, and then sell it to me in monthly installments. Knowing that I want to use the car, I ask Allah, then you, to clarify this ruling.
Answer:
It is not permissible for you to go to the bank or to anyone else except to the one who has the commodity. If the commodity—the car, the house, the land, or whatever item you want—is in his ownership and in his possession, then you go to him and buy it from him, either for a cash price or a deferred price. But if you go to the bank or to anyone else who has nothing, and you negotiate with him and sign the papers, and then he goes and buys it for you after the agreement is made, this is invalid. The Messenger (peace and blessings be upon him) said, "Do not sell what you do not have." This is what happened when Hakim ibn Hizam (may Allah be pleased with him) asked the Messenger of Allah (peace and blessings be upon him): "A man comes to me and asks me to sell him something I do not have, and then I go and buy it for him." He said (peace and blessings be upon him):Sunan Ibn Majah 2187Hasan (Darussalam) So it is not permissible for the bank, the company, or individuals; it is not permissible for anyone to sell anything unless it is in his possession and in his ownership.
So if it is in his ownership and possession, it is permissible for him to sell it. But if he ties up customers while he has nothing, and then goes to buy it for them, this is an invalid sale and is not permissible.
Honorable Shaykh, this questioner says: I wanted to buy a car from the showroom, so I went to the National Bank to negotiate so that we could negotiate for the car, have them buy it, and then sell it to me in monthly installments. Knowing that I want to use the car, I ask Allah, then you, to clarify this ruling.
Answer:
It is not permissible for you to go to the bank or to anyone else except to the one who has the commodity. If the commodity—the car, the house, the land, or whatever item you want—is in his ownership and in his possession, then you go to him and buy it from him, either for a cash price or a deferred price. But if you go to the bank or to anyone else who has nothing, and you negotiate with him and sign the papers, and then he goes and buys it for you after the agreement is made, this is invalid. The Messenger (peace and blessings be upon him) said, "Do not sell what you do not have." This is what happened when Hakim ibn Hizam (may Allah be pleased with him) asked the Messenger of Allah (peace and blessings be upon him): "A man comes to me and asks me to sell him something I do not have, and then I go and buy it for him." He said (peace and blessings be upon him):
Do not sell what is not with you.
لا تبع ما ليس عندك،So if it is in his ownership and possession, it is permissible for him to sell it. But if he ties up customers while he has nothing, and then goes to buy it for them, this is an invalid sale and is not permissible.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم شراء سيارة من البنك بعد أن يشتريها ويقسطها للمشتري؟ للشيخ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
