The Ruling on Contracts Known as (The Promise to Buy)
Machine translationRead the Arabic original
[The Ruling on Contracts Known as (The Promise to Buy)]
The questioner: From this chapter now, what about the contracts called the promise to buy?The Shaykh: Anything that is a stratagem to obtain riba (usury or interest) falls under it by whatever means. If the Shaykh al-Islam (may Allah have mercy on him)—and he was a fine man in knowledge, jurisprudence, and religion—He says: If you buy the commodity from its owner for a price higher than the cash price, and you want dirhams, it is haram (forbidden) and riba (usury or interest). So how about this, where the lender does not own the item, it is not with him, it is not in his possession, and he has no intention of ever buying it?! In fact, I have heard that some people dare to buy an item and then bring it to the merchant and say: I bought such-and-such item for so much, and I do not have money now,The merchant says: I will pay it off for you, and I will transfer it to you on installments, even though the first one bought it from someone else.
The questioner: So if he buys a commodity and has a debt, does he sell it to pay off the debt?The Shaykh: It is the same thing. If he buys a car and has a debt in the manner we mentioned first, this is the same thing. And if he buys it while it is present with the merchant and buys it specifically to settle his debt, this falls under tawarruq (a commodity sale used to obtain cash), which the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) forbade. If a person is unable to pay, he should not borrow to pay the debt, and his creditor must give him time.
The questioner: What if he sells it to other people and does not sell it to the merchant himself?The Shaykh: I know that. He bought it for thirty thousand, for example, from a car company, and it is worth twenty-five thousand, to pay off his debt.
I say: This is a mistake. Even if it were permissible by the Shari'ah, it is foolishness by reason; because if he commits to this method and the second year comes and he has nothing.
The questioner: He is committed to this method, and he is in debt, O Shaykh?The Shaykh: This is wrong, and he should be advised. If you are poor, you are poor.
The questioner: O Shaykh, in some tribes, marriage has reached one hundred and fifty thousand, so they use this method?The Shaykh: This is wrong, this is wrong, and this is the problem.
The questioner: And what is its ruling in the Shari'ah?The Shaykh: If a person buys a commodity for the sake of dirhams, it is haram (forbidden) according to the Shaykh al-Islam Ibn Taymiyyah,He says: It is a stratagem to obtain riba (usury or interest), and it is of the 'inah (a buy-back sale used to disguise a loan) from which the Messenger of Allah (peace and blessings be upon him) warned.
The questioner: From this chapter now, what about the contracts called the promise to buy?The Shaykh: Anything that is a stratagem to obtain riba (usury or interest) falls under it by whatever means. If the Shaykh al-Islam (may Allah have mercy on him)—and he was a fine man in knowledge, jurisprudence, and religion—He says: If you buy the commodity from its owner for a price higher than the cash price, and you want dirhams, it is haram (forbidden) and riba (usury or interest). So how about this, where the lender does not own the item, it is not with him, it is not in his possession, and he has no intention of ever buying it?! In fact, I have heard that some people dare to buy an item and then bring it to the merchant and say: I bought such-and-such item for so much, and I do not have money now,The merchant says: I will pay it off for you, and I will transfer it to you on installments, even though the first one bought it from someone else.
The questioner: So if he buys a commodity and has a debt, does he sell it to pay off the debt?The Shaykh: It is the same thing. If he buys a car and has a debt in the manner we mentioned first, this is the same thing. And if he buys it while it is present with the merchant and buys it specifically to settle his debt, this falls under tawarruq (a commodity sale used to obtain cash), which the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) forbade. If a person is unable to pay, he should not borrow to pay the debt, and his creditor must give him time.
The questioner: What if he sells it to other people and does not sell it to the merchant himself?The Shaykh: I know that. He bought it for thirty thousand, for example, from a car company, and it is worth twenty-five thousand, to pay off his debt.
I say: This is a mistake. Even if it were permissible by the Shari'ah, it is foolishness by reason; because if he commits to this method and the second year comes and he has nothing.
The questioner: He is committed to this method, and he is in debt, O Shaykh?The Shaykh: This is wrong, and he should be advised. If you are poor, you are poor.
The questioner: O Shaykh, in some tribes, marriage has reached one hundred and fifty thousand, so they use this method?The Shaykh: This is wrong, this is wrong, and this is the problem.
The questioner: And what is its ruling in the Shari'ah?The Shaykh: If a person buys a commodity for the sake of dirhams, it is haram (forbidden) according to the Shaykh al-Islam Ibn Taymiyyah,He says: It is a stratagem to obtain riba (usury or interest), and it is of the 'inah (a buy-back sale used to disguise a loan) from which the Messenger of Allah (peace and blessings be upon him) warned.