The Ruling on the Teachers' Association's Collective Loan
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Question:
There is an association called the Teachers' Association, where a teacher pays a specific amount to his father, and so on for everyone. I did not understand what the scholars meant, and what its meaning is: is it every student in Baghdad, or Baghdad itself?
Answer:
I have said on more than one occasion that this is not permissible, because it is a loan that yields a benefit. Every loan that yields a benefit is riba (usury or interest), because he did not lend to his colleagues except on the condition that they lend to him, so this is a condition for benefit. Also, it consists of two contracts: a loan contract conditioned by a loan contract, so it contains the meaning of two sales in one sale, which is prohibited. So I hold that this is not permissible. Whoever wants to borrow should go to one of his brothers and borrow from him, or resort to something prescribed, such as a salam (forward sale) contract, praise be to Allah, or borrow through the method of al-gha'ibah, because it is valid according to the majority. He buys a commodity at a deferred price, then sells it in the market at a spot price, and disposes of the price to pay off what is due to him or to settle his debt, or to buy his necessities. The debt and al-gha'ibah are permissible according to the majority due to the need for them. As for the group loan, in my view, it is not permissible. Yes.
There is an association called the Teachers' Association, where a teacher pays a specific amount to his father, and so on for everyone. I did not understand what the scholars meant, and what its meaning is: is it every student in Baghdad, or Baghdad itself?
Answer:
I have said on more than one occasion that this is not permissible, because it is a loan that yields a benefit. Every loan that yields a benefit is riba (usury or interest), because he did not lend to his colleagues except on the condition that they lend to him, so this is a condition for benefit. Also, it consists of two contracts: a loan contract conditioned by a loan contract, so it contains the meaning of two sales in one sale, which is prohibited. So I hold that this is not permissible. Whoever wants to borrow should go to one of his brothers and borrow from him, or resort to something prescribed, such as a salam (forward sale) contract, praise be to Allah, or borrow through the method of al-gha'ibah, because it is valid according to the majority. He buys a commodity at a deferred price, then sells it in the market at a spot price, and disposes of the price to pay off what is due to him or to settle his debt, or to buy his necessities. The debt and al-gha'ibah are permissible according to the majority due to the need for them. As for the group loan, in my view, it is not permissible. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 72 من 89|شرح العدة في شرح العمدة|كتاب الجنايات|فصل في شروط استيفاء القصاص|صالح الفوزان|الفقه — youtube.com (41:24)
The Arabic text is a machine transcription of the audio recording.
