The Ruling on the Sale of 'Inah?
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The Shaykh : This is not permissible in Islam. If you had paid attention to the definition of the sale of 'inah, you would have known that the answer to this is the same as that definition, because whatever is necessary for the performance of an obligation is itself obligatory, and whatever is necessary for the commission of a sin is itself a sin. The sale of 'inah mentioned by the Messenger (peace and blessings be upon him) ... is among the calamities of the Ummah when they are struck by ... it is based on installment sales, and this requires a renewed explanation and clarification.
Installment sales are the first and last prerequisite for the sale of 'inah, because the one who wants that loan with riba is not driven to take a good loan, unfortunately. This is part of the disintegration of the Islamic Ummah, and it is due to its distance from the Muhammadan Shari'ah. He is not driven to take a loan, so he needs money, but he also does not want to commit what is forbidden, he claims. However, his Shaytan suggests to him that there is a way to obtain a loan, even through riba, but we will save you from riba through the form of buying and selling. So when the borrower comes to the merchant, he asks, "How much is this car for cash?" The merchant says, "Cash or installment? How much?" They say today ... and he is naturally coming with ... Moses did not have a single qirsh, so he says, "Not cash, but installment." He says, "Installment for one hundred dinars, one thousand dinars, two thousand dinars." They say, "I bought it."
So when he asked whether it was cash or installment, he set the installment price higher ... five ... so when he gave him the installment sale, he gave him a price higher than the cash price. And from here comes what? The sale of 'inah, because he will return here and say, "This that I bought from you for one thousand dinars, can you buy it from me for less than the price?" Yes ... we mentioned this earlier. So the sale of 'inah warned against in this hadith is based on installment sales. If this forbidden sale, the sale of 'inah, cannot be established except with the prerequisite of installment sales, and yet there are hadiths from the Messenger (peace and blessings be upon him) that explicitly prohibit installment sales, which Muslims have been afflicted with for two reasons. Both reasons are mentioned in the hadith: one is the greed for worldly life, not asking whether it is halal or haram, wanting money, wanting to work, wanting a wage, etc. The second reason is that they deceive by saying, "This is a sale, my brother, an installment sale is a sale." But the Messenger (peace and blessings be upon him) said, "Whoever sells two sales in one sale, it is for him the lesser of the two or riba." In another hadith, he prohibited two sales in one sale, and in another wording, two transactions in one transaction. It was asked of the narrator of the hadith, who was Sammak ibn Harb from the Tabi'un, "What does it mean to prohibit two sales in one sale?" He said, "It is when you say, 'I will sell this to you for such-and-such cash, and for such-and-such on credit.' This is exactly installment sales. And the Messenger (peace and blessings be upon him) clarified in the first hadith that the increase the merchant takes in exchange for patience with his Muslim brother in fulfilling the installment sale is riba, because he said, 'Whoever sells two sales in one sale, it is for him the lesser of the two in price and value, or riba.' If he takes the increase, then this is cash for one hundred and installment for one hundred and ten. At that point, taking ten in exchange for the installment of ten is riba. This is in the text of the hadith of the Messenger (peace and blessings be upon him). So my brother, our calamity today, Muslims, is a calamity that only Allah (Mighty and Majestic) can resolve and is capable of resolving, but
Installment sales are the first and last prerequisite for the sale of 'inah, because the one who wants that loan with riba is not driven to take a good loan, unfortunately. This is part of the disintegration of the Islamic Ummah, and it is due to its distance from the Muhammadan Shari'ah. He is not driven to take a loan, so he needs money, but he also does not want to commit what is forbidden, he claims. However, his Shaytan suggests to him that there is a way to obtain a loan, even through riba, but we will save you from riba through the form of buying and selling. So when the borrower comes to the merchant, he asks, "How much is this car for cash?" The merchant says, "Cash or installment? How much?" They say today ... and he is naturally coming with ... Moses did not have a single qirsh, so he says, "Not cash, but installment." He says, "Installment for one hundred dinars, one thousand dinars, two thousand dinars." They say, "I bought it."
So when he asked whether it was cash or installment, he set the installment price higher ... five ... so when he gave him the installment sale, he gave him a price higher than the cash price. And from here comes what? The sale of 'inah, because he will return here and say, "This that I bought from you for one thousand dinars, can you buy it from me for less than the price?" Yes ... we mentioned this earlier. So the sale of 'inah warned against in this hadith is based on installment sales. If this forbidden sale, the sale of 'inah, cannot be established except with the prerequisite of installment sales, and yet there are hadiths from the Messenger (peace and blessings be upon him) that explicitly prohibit installment sales, which Muslims have been afflicted with for two reasons. Both reasons are mentioned in the hadith: one is the greed for worldly life, not asking whether it is halal or haram, wanting money, wanting to work, wanting a wage, etc. The second reason is that they deceive by saying, "This is a sale, my brother, an installment sale is a sale." But the Messenger (peace and blessings be upon him) said, "Whoever sells two sales in one sale, it is for him the lesser of the two or riba." In another hadith, he prohibited two sales in one sale, and in another wording, two transactions in one transaction. It was asked of the narrator of the hadith, who was Sammak ibn Harb from the Tabi'un, "What does it mean to prohibit two sales in one sale?" He said, "It is when you say, 'I will sell this to you for such-and-such cash, and for such-and-such on credit.' This is exactly installment sales. And the Messenger (peace and blessings be upon him) clarified in the first hadith that the increase the merchant takes in exchange for patience with his Muslim brother in fulfilling the installment sale is riba, because he said, 'Whoever sells two sales in one sale, it is for him the lesser of the two in price and value, or riba.' If he takes the increase, then this is cash for one hundred and installment for one hundred and ten. At that point, taking ten in exchange for the installment of ten is riba. This is in the text of the hadith of the Messenger (peace and blessings be upon him). So my brother, our calamity today, Muslims, is a calamity that only Allah (Mighty and Majestic) can resolve and is capable of resolving, but
And say, "Work, and Allah will see your work, as well as His Messenger and the believers. And you will return to the Knower of the unseen and the witnessed, and He will inform you of what you used to do."
وقل اعملوا فسيرى الله عملكم ورسوله ثم تردون إلى عالم الغيب والشهادة فينبئكم بما كنتم تعملون
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
