What is the ruling on one who makes tawarruq (a commodity sale used to obtain cash) a permanent trade in order to benefit from the money in his other projects?
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The questioner:
What is the ruling on one who makes tawarruq (a commodity sale used to obtain cash) a permanent trade in order to benefit from the money in his other projects?
The Shaykh:
There is nothing wrong with it according to the majority, because people have a pressing need for tawarruq, since good loans are now scarce or almost nonexistent; there is hardly any tawarruq for the needy, and where does one go?
As for explicit riba (usury or interest) and tawarruq, tawarruq is a sale, not riba. It is a sale in which he sells an existing commodity, the buyer takes possession of it, he sells an existing commodity for a deferred price, the buyer takes possession of it, then he sells it to someone else and benefits from its immediate price. When the term comes due, he pays the creditor. This matter is called tawarruq because the intended object is the paper, i.e., the value, the value, because the needy person benefits from it in his current need. So for the sake of the current need, tawarruq is necessary, either riba or tawarruq. Yes.
The presenter:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
The conditions are: first, that the commodity exists at the time of the contract and the seller owns it; second, that the buyer takes possession of it and moves it from the seller’s place and sells it to someone else; third, that he sells it to someone else. With these conditions, there is nothing wrong with it according to the majority. Otherwise, Shaykh al-Islam and a group of scholars say it is not permissible, because the intended object of the sale is the money; they made the sale a means to obtain the money. They say that dire necessity necessitated this, and what do they do?
What is the ruling on one who makes tawarruq (a commodity sale used to obtain cash) a permanent trade in order to benefit from the money in his other projects?
The Shaykh:
There is nothing wrong with it according to the majority, because people have a pressing need for tawarruq, since good loans are now scarce or almost nonexistent; there is hardly any tawarruq for the needy, and where does one go?
As for explicit riba (usury or interest) and tawarruq, tawarruq is a sale, not riba. It is a sale in which he sells an existing commodity, the buyer takes possession of it, he sells an existing commodity for a deferred price, the buyer takes possession of it, then he sells it to someone else and benefits from its immediate price. When the term comes due, he pays the creditor. This matter is called tawarruq because the intended object is the paper, i.e., the value, the value, because the needy person benefits from it in his current need. So for the sake of the current need, tawarruq is necessary, either riba or tawarruq. Yes.
The presenter:
Honorable Shaykh, may Allah grant you success.
The Shaykh:
The conditions are: first, that the commodity exists at the time of the contract and the seller owns it; second, that the buyer takes possession of it and moves it from the seller’s place and sells it to someone else; third, that he sells it to someone else. With these conditions, there is nothing wrong with it according to the majority. Otherwise, Shaykh al-Islam and a group of scholars say it is not permissible, because the intended object of the sale is the money; they made the sale a means to obtain the money. They say that dire necessity necessitated this, and what do they do?
Source
قناة «العلامة الدكتور صالح الفوزان»، [1656 -3022] ما حكم من يتخذ التورق تجارةً دائمة ليستفيد من المال في مشاريع أخرى له؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
