Forms of sales in which usury or interest is involved
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A man sells cars, and a person comes to him wanting to buy a car from him.So he said: I have two cars; the second car is better than the first. I will buy it for you and sell it to you as you wish, either in cash or on installments. The cash price is about forty thousand, and the installment price is sixty-two thousand. What is the ruling on this sale? Does it contain usury or interest?
If the one who wants to sell the car does not own the car, but rather wants to buy it for this person, then it is forbidden for him to take more than the price he paid. So if he buys it for fifty, it is not permissible for him to sell it for fifty-one; because if he does that, he falls into usury or interest. But he sells it for fifty, and thereby he has lent the buyer the price of the car, and this is better.
As for if the cars are in the possession of the man, and people come to buy from him, and he says to them:Meaning: If you buy on installments, it is such-and-such, and if you buy in cash, it is such-and-such,For example, he says: the installment price is sixty thousand, and the cash price is fifty thousand, then there is nothing wrong with that, if the buyer takes it for one of the two prices; because there is no prohibition in this, and there is no usury or interest in it, and there is no ambiguity or excessive uncertainty in a contract, rather it is a clear sale. The buyer will not leave without knowing his situation: whether he bought it on credit or bought it in cash.
And as for what some scholars went to and said: This is one of the two sales in one sale, and the Prophet (peace and blessings be upon him) prohibited two sales in one sale, so this is not correct.Because if you say: This is twenty on credit or ten in cash, and he takes it for one of the two prices, so there are not two sales; it is one sale, but the person is given the choice between two prices: one is higher but deferred, and the other is lower but cash.
And the two sales in one sale only apply to the issue of the buy-back sale used to disguise a loan, which is: that a person sells something for one hundred on credit, then buys it back for eighty in cash. This is the buy-back sale used to disguise a loan about which the Prophet (peace and blessings be upon him) warned us in his saying: (When you trade with the buy-back sale used to disguise a loan, and take by the tails of the cows, and are content with crops, and abandon the struggle in the path of Allah, Allah will impose upon you a humiliation that He will not remove from your hearts until you return to your religion) .
If the one who wants to sell the car does not own the car, but rather wants to buy it for this person, then it is forbidden for him to take more than the price he paid. So if he buys it for fifty, it is not permissible for him to sell it for fifty-one; because if he does that, he falls into usury or interest. But he sells it for fifty, and thereby he has lent the buyer the price of the car, and this is better.
As for if the cars are in the possession of the man, and people come to buy from him, and he says to them:Meaning: If you buy on installments, it is such-and-such, and if you buy in cash, it is such-and-such,For example, he says: the installment price is sixty thousand, and the cash price is fifty thousand, then there is nothing wrong with that, if the buyer takes it for one of the two prices; because there is no prohibition in this, and there is no usury or interest in it, and there is no ambiguity or excessive uncertainty in a contract, rather it is a clear sale. The buyer will not leave without knowing his situation: whether he bought it on credit or bought it in cash.
And as for what some scholars went to and said: This is one of the two sales in one sale, and the Prophet (peace and blessings be upon him) prohibited two sales in one sale, so this is not correct.Because if you say: This is twenty on credit or ten in cash, and he takes it for one of the two prices, so there are not two sales; it is one sale, but the person is given the choice between two prices: one is higher but deferred, and the other is lower but cash.
And the two sales in one sale only apply to the issue of the buy-back sale used to disguise a loan, which is: that a person sells something for one hundred on credit, then buys it back for eighty in cash. This is the buy-back sale used to disguise a loan about which the Prophet (peace and blessings be upon him) warned us in his saying: (When you trade with the buy-back sale used to disguise a loan, and take by the tails of the cows, and are content with crops, and abandon the struggle in the path of Allah, Allah will impose upon you a humiliation that He will not remove from your hearts until you return to your religion) .
