What is your opinion on buying cars on installment?
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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:[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?[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?[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 :[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 :[Ya-Sin 36:48-83].
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 الرباThe questioner : Permissible.
The Shaykh : Permissible. What is the evidence?
But Allah has permitted trade
وأحل الله البيعThe questioner : Permissible.
The Shaykh : Permissible. What is the evidence?
But Allah has permitted trade
وأحل الله البيعThe questioner : Permissible.
The Shaykh : What is the evidence?
The questioner :
But Allah has permitted trade
وأحل الله البيعThe 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 :
