The ruling on taking an increase in the price in exchange for a mutual rescission of the sale
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Question : All right, and it is estimated by the original price, meaning that if he rescinds the sale, he does not take anything from him. For example, if he bought this book for ten and the buyer came to the seller and said, "So-and-so, I regret it, I want you to rescind the sale from me," and the seller said, "I have no objection, I will rescind it from you, but for one dirham. One dirham is returned to you, and you take back nine dirhams." Is this permissible or not? He says it is not permissible, even though if it were a sale, it would be permissible to sell for more than the price or less than the price.
Answer : But there is scholarly disagreement in this issue, meaning: is a mutual rescission of the sale permissible for more than the price?
The correct view is that it is permissible, because the concern of riba (usury or interest) in it is very remote, and the one rescinding the sale does not intend to circumvent this rescission by taking ten for nine, or the reverse. As Ibn Rajab (may Allah have mercy on him) said in his *Qawa'id* (Rules) that the concern of riba in it is remote. And the people's practice today is based on which of the two opinions? The second one, yes?
No, regarding riba, the second one, meaning: often the buyer comes to the seller and says, "By Allah, I regret it, rescind the sale from me," and he says, "I will not rescind it from you except for so much and so much." For example, he bought a house from him for one hundred thousand riyals, and he came to him and said, "By Allah, I regret it and I want you to rescind the sale from me." He said, "Yes, I will rescind it from you, but for ten thousand riyals." The people's practice today is based on this, and that it is permissible, and this is the correct view.
Answer : But there is scholarly disagreement in this issue, meaning: is a mutual rescission of the sale permissible for more than the price?
The correct view is that it is permissible, because the concern of riba (usury or interest) in it is very remote, and the one rescinding the sale does not intend to circumvent this rescission by taking ten for nine, or the reverse. As Ibn Rajab (may Allah have mercy on him) said in his *Qawa'id* (Rules) that the concern of riba in it is remote. And the people's practice today is based on which of the two opinions? The second one, yes?
No, regarding riba, the second one, meaning: often the buyer comes to the seller and says, "By Allah, I regret it, rescind the sale from me," and he says, "I will not rescind it from you except for so much and so much." For example, he bought a house from him for one hundred thousand riyals, and he came to him and said, "By Allah, I regret it and I want you to rescind the sale from me." He said, "Yes, I will rescind it from you, but for ten thousand riyals." The people's practice today is based on this, and that it is permissible, and this is the correct view.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4265] حكم أخذ زيادة في الثمن إلى مقابل الإقالة - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
