Ruling on a debtor selling an item for less than its price to benefit from its sale price
Machine translationRead the Arabic original
In your book, regarding debt in the fifth section, there was a discussion on the issue of tawarruq (a commodity sale used to obtain cash),And your answer was: but given the people's need today and the scarcity of lenders, it should be said that it is permissible with conditions. The fourth condition was that the debtor must not sell it until he has taken possession of it; because the Prophet (peace and blessings be upon him) forbade selling goods before the merchants have brought them to their homes. If these four conditions are met, then the position that the issue of tawarruq is permissible is sound, so that there is no hardship imposed on people. It should be known that it is not permissible for the debtor to sell it to the creditor for less than what he paid for it.And the question, O Shaykh: Does he owe anything if he wants to sell it to another person for less than what he paid for it?
The general rule in this is that if he sells it to another person, he will certainly sell it for less; because the creditor raised its price due to the deferral of the payment. Selling for immediate payment is not like selling on credit. So he will not sell it for less than its price unless prices rise; because sometimes he buys it for fifty thousand on credit, and its cash value is forty thousand. Then the price rises in two days or less until this item reaches sixty thousand in cash. If that is the case, then there is no problem with it.We say: If he sells it to someone other than the one from whom he borrowed, he may sell it for less, he may sell it for more, and he may sell it for the same amount he paid for it, depending on the circumstances.
The general rule in this is that if he sells it to another person, he will certainly sell it for less; because the creditor raised its price due to the deferral of the payment. Selling for immediate payment is not like selling on credit. So he will not sell it for less than its price unless prices rise; because sometimes he buys it for fifty thousand on credit, and its cash value is forty thousand. Then the price rises in two days or less until this item reaches sixty thousand in cash. If that is the case, then there is no problem with it.We say: If he sells it to someone other than the one from whom he borrowed, he may sell it for less, he may sell it for more, and he may sell it for the same amount he paid for it, depending on the circumstances.