Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

What is your opinion on buying cars on installment?

Machine translationRead the Arabic original
The questioner : The questioner says: What is your opinion on buying cars on installment?

The Shaykh : I would like to clarify for my brothers a principle mentioned by Allah in the Qur'an. What is the principle? Allah the Exalted said:
But Allah has permitted trade and has forbidden interest وأحل الله البيع وحرم الربا
[Al-Baqarah 2:275]
So, everything called a sale is lawful until there is evidence of prohibition. If I sell you a car for twenty thousand cash, and some people call cash "cash" or "kash," as you say, selling it to you for twenty thousand cash or kash is permissible. Is it permissible or not? Pay attention: I sold you a car for twenty thousand cash. Is it permissible or not?

The questioner : Permissible.

The Shaykh : Permissible. What is the evidence?
But Allah has permitted trade وأحل الله البيع
[Al-Baqarah 2:275]
Now, I sold it to you for twenty-five thousand cash, and it is worth twenty thousand.

The questioner : Permissible.

The Shaykh : Permissible. What is the evidence?
But Allah has permitted trade وأحل الله البيع
[Al-Baqarah 2:275]
I sold it to you for twenty-five thousand on credit. Is it permissible or not?

The questioner : Permissible.

The Shaykh : What is the evidence?

The questioner :
But Allah has permitted trade وأحل الله البيع
[Al-Baqarah 2:275]
.

The Shaykh : Now, which is better for you: that I sell it to you for twenty-five thousand on credit, or for twenty-five thousand cash? Twenty-five thousand on credit. If the one who sold it for twenty-five thousand on credit, and it is worth twenty thousand cash, has done a favor to the buyer, how? By deferring the price for him. Because we agreed now: if I sell it to you for twenty-five thousand cash, is it permissible or not? If it is permissible for me to sell it for twenty-five thousand cash, why is it not permissible for me to sell it to you for twenty-five thousand on credit, when that involves kindness to you and deferral for you? Therefore, there is no doubt in our view. Indeed, Shaykh al-Islam Ibn Taymiyyah, in *Al-Fatawa*, reported the consensus of the scholars that if a person sells something worth twenty thousand for twenty-five thousand on a deferred basis, it is permissible, provided the buyer's intention is the commodity. Pay attention: the commodity. But if the buyer's intention is the price of the commodity, do you understand? This means he bought the car for twenty-five thousand because he needs twenty thousand riyals for one of the purposes, to take the car and go sell it and get his money. This is a matter called by the scholars the issue of *tawarruq*. *Tawarruq* is derived from where? From *waraq*, which is silver, because the buyer did not want the commodity but wanted the *waraq*, i.e., the silver. Therefore, the scholars called it the issue of *tawarruq*. There is disagreement among the scholars regarding it. Some scholars permitted it, and some scholars prohibited it, such as Shaykh al-Islam Ibn Taymiyyah. It is also narrated from 'Umar ibn 'Abd al-'Aziz (may Allah have mercy on him), and it is one of the narrations from Imam Ahmad that the issue of *tawarruq* is forbidden. Why? Because it is a ruse to circumvent *riba*. Instead of saying, "Give me twenty thousand cash for twenty-five thousand in one year," we bring in the car. I say, "Sell me this car for twenty-five thousand in one year," and then I go and sell it for twenty thousand. This is a clear ruse. Ruses to circumvent the prohibitions of Allah are of no avail. Ibn al-Qayyim said in his book *Al-A'lam al-Muqin*: "Our Shaykh (may Allah have mercy on him) was presented with this matter again and again to permit it, but he refused and said it is forbidden". People now, may Allah have mercy on them, did not limit themselves to this form, but they added to it. A poor man comes to a merchant and says, "I want twenty thousand riyals. I want you to go to the showroom and buy me a car and lend it to me." The merchant comes and sells him the car, and he has not seen it, nor taken possession of it, nor known its value. He sells it to him with a known profit, then goes to the showroom and buys it from the showroom, and then sells it to this debtor. This is, in reality, a very clear ruse to circumvent *riba*. If the Prophet (peace and blessings be upon him) warned the Jews from their actions, and they were circumventing the prohibitions of Allah with a ruse less than this, how about this ruse?

The questioner :
(48) And they say, "When is this promise, if you should be truthful?" (49) They do not await except one blast which will seize them while they are disputing. (50) And they will not be able [to give] any instruction, nor to their people can they return. (51) And the Horn will be blown; and at once from the graves to their Lord they will hasten. (52) They will say, "O woe to us! Who has raised us up from our sleeping place?" [The reply will be], "This is what the Most Merciful had promised, and the messengers told the truth." (53) It will not be but one blast, and at once they are all brought present before Us. (54) So today no soul will be wronged at all, and you will not be recompensed except for what you used to do. (55) Indeed the companions of Paradise, that Day, will be amused in [joyful] occupation - (56) They and their spouses - in shade, reclining on adorned couches. (57) For them therein is fruit, and for them is whatever they request [or wish] (58) [And] "Peace," a word from a Merciful Lord. (59) [Then He will say], "But stand apart today, you criminals. (60) Did I not enjoin upon you, O children of Adam, that you not worship Satan - [for] indeed, he is to you a clear enemy - (61) And that you worship [only] Me? This is a straight path. (62) And he had already led astray from among you much of creation, so did you not use reason? (63) This is the Hellfire which you were promised. (64) [Enter to] burn therein today for what you used to deny." (65) That Day, We will seal over their mouths, and their hands will speak to Us, and their feet will testify about what they used to earn. (66) And if We willed, We could have obliterated their eyes, and they would race to [find] the path, and how could they see? (67) And if We willed, We could have deformed them, [paralyzing them] in their places so they would not be able to proceed, nor could they return. (68) And he to whom We grant long life We reverse in creation; so will they not understand? (69) And We did not give Prophet Muhammad, knowledge of poetry, nor is it befitting for him. It is not but a message and a clear Qur'an (70) To warn whoever is alive and justify the word against the disbelievers. (71) Do they not see that We have created for them from what Our hands have made, grazing livestock, and [then] they are their owners? (72) And We have tamed them for them, so some of them they ride, and some of them they eat. (73) And for them therein are [other] benefits and drinks, so will they not be grateful? (74) But they have taken besides Allah [false] deities that perhaps they would be helped. (75) They are not able to help them, and they [themselves] are for them soldiers in attendance. (76) So let not their speech grieve you. Indeed, We know what they conceal and what they declare. (77) Does man not consider that We created him from a [mere] sperm-drop - then at once he is a clear adversary? (78) And he presents for Us an example and forgets his [own] creation. He says, "Who will give life to bones while they are disintegrated?" (79) Say, "He will give them life who produced them the first time; and He is, of all creation, Knowing." (80) [It is] He who made for you from the green tree, fire, and then from it you ignite. (81) Is not He who created the heavens and the earth Able to create the likes of them? Yes, [it is so]; and He is the Knowing Creator. (82) His command is only when He intends a thing that He says to it, "Be," and it is. (83) So exalted is He in whose hand is the realm of all things, and to Him you will be returned. ويقولون متى هذا الوعد إن كنتم صادقين ما ينظرون إلا صيحة واحدة تأخذهم وهم يخصمون فلا يستطيعون توصية ولا إلى أهلهم يرجعون ونفخ في الصور فإذا هم من الأجداث إلى ربهم ينسلون قالوا يا ويلنا من بعثنا من مرقدنا هذا ما وعد الرحمن وصدق المرسلون إن كانت إلا صيحة واحدة فإذا هم جميع لدينا محضرون فاليوم لا تظلم نفس شيئا ولا تجزون إلا ما كنتم تعملون إن أصحاب الجنة اليوم في شغل فاكهون هم وأزواجهم في ظلال على الأرائك متكئون لهم فيها فاكهة ولهم ما يدعون سلام قولا من رب رحيم وامتازوا اليوم أيها المجرمون ألم أعهد إليكم يا بني آدم أن لا تعبدوا الشيطان إنه لكم عدو مبين وأن اعبدوني هذا صراط مستقيم ولقد أضل منكم جبلا كثيرا أفلم تكونوا تعقلون هذه جهنم التي كنتم توعدون اصلوها اليوم بما كنتم تكفرون اليوم نختم على أفواههم وتكلمنا أيديهم وتشهد أرجلهم بما كانوا يكسبون ولو نشاء لطمسنا على أعينهم فاستبقوا الصراط فأنى يبصرون ولو نشاء لمسخناهم على مكانتهم فما استطاعوا مضيا ولا يرجعون ومن نعمره ننكسه في الخلق أفلا يعقلون وما علمناه الشعر وما ينبغي له إن هو إلا ذكر وقرآن مبين لينذر من كان حيا ويحق القول على الكافرين أولم يروا أنا خلقنا لهم مما عملت أيدينا أنعاما فهم لها مالكون وذللناها لهم فمنها ركوبهم ومنها يأكلون ولهم فيها منافع ومشارب أفلا يشكرون واتخذوا من دون الله آلهة لعلهم ينصرون لا يستطيعون نصرهم وهم لهم جند محضرون فلا يحزنك قولهم إنا نعلم ما يسرون وما يعلنون أولم ير الإنسان أنا خلقناه من نطفة فإذا هو خصيم مبين وضرب لنا مثلا ونسي خلقه قال من يحيي العظام وهي رميم قل يحييها الذي أنشأها أول مرة وهو بكل خلق عليم الذي جعل لكم من الشجر الأخضر نارا فإذا أنتم منه توقدون أوليس الذي خلق السموات والأرض بقادر على أن يخلق مثلهم بلى وهو الخلاق العليم إنما أمره إذا أراد شيئا أن يقول له كن فيكون فسبحان الذي بيده ملكوت كل شيء وإليه ترجعون
[Ya-Sin 36:48-83]
.
Source alathar.net

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas