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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Taking Compensation for Guaranteeing and Registering Real Estate in Another Person's Name

Machine translationRead the Arabic original
The questioner:
Our new young man says: A man said, "Write the house in your name, and I will give you such and such an amount every month." Yes, I have a question? I said, so-and-so, answer me. He said, a man from Hiran. I testify, yes. A non-Saudi. Yes. He said, "Write the house in your name, and I will give you such and such an amount every month." Or he says, "Write it in my name, and you will have such and such an amount." What is the ruling in this case? And what is the ruling if I accept a guarantee for an amount so that he writes the house in his name? What is the ruling in that case?

The Shaykh:
The question is not clear. By "foreigner," do I mean a non-Saudi?

The questioner:
The questioner: Oh, my father.

The Shaykh:
A non-relative.

The questioner:
Or was it...

The Shaykh:
Yes, he says: If a non-Saudi resident says to a Saudi, "Guarantee for me so I can stay in Saudi Arabia, and I will give you such and such an amount," this is not permissible. Guaranteeing is not permissible, and taking compensation for it is not permissible, because it is a contract of service and benefit. It is a contract of service and benefit for which a wage is sought, because it is an act of kindness, so no worldly compensation is taken for it. Likewise, a loan: if he says, "Lend me money, and I will give you such and such," this is explicit riba (usury or interest). It is not permissible to stipulate an increase in a loan, nor to take worldly benefit from it. The Messenger (peace and blessings be upon him) said:
Every loan, which leads to a benefit, is usury.كُلُّ قَرْضٍ جَرَّ مَنْفَعَةً فَهُوَ رِبًا
Bulugh al-Maram 7:99
So taking compensation for guaranteeing, taking compensation for a loan, and taking compensation for...
...writing the house in his name, as if it were his, when in reality it belongs to the non-Saudi. All of this is not permissible. This is deception and fraud against the state's regulations, and it is lying. It is not permissible. For example, if a non-Saudi buys a house, and it is known that the regulations do not permit this—they do not permit non-Saudis to buy real estate in the Kingdom—but he says to a Saudi, "Write it in your name, and I will give you such and such," and on the surface it appears to belong to the Saudi, but in reality it belongs to the foreigner. This is lying and is not permissible. And if he takes compensation for it, it is haram (forbidden). All of this is deception and betrayal of the one in authority, and it is lying and fraud. So these false stratagems must be abandoned, as well as consuming wealth by false means, because this leads to corruption and manipulation of the regulations, and it leads to deceiving the government and the officials. It is not permissible. The Muslim is expected to be truthful. The Muslim is expected to be truthful in transactions and not to engage in fraud or lying. Even if this is common among some people who care only about gathering money and taking money, it is still not permissible. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 12 من 89|شرح العدة في شرح العمدة|البيوع|باب بيع الأصول والثمار|صالح الفوزان|الفقه|كبار العلماء — youtube.com (47:52)

The Arabic text is a machine transcription of the audio recording.

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