Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Some Types of Riba Sales

Machine translationRead the Arabic original
I found an advertisement in a certain country regarding the provision of a loan and its repayment in installments, and its form is as follows: A person wants to buy a car, so he goes to a financing house. This house buys the car the person wants and then transfers it to his name, on the condition that the price of its sale to him is higher than the price at which he bought it, and the person pays the installments to the financing house.

Meaning: For example, he goes to the financing house and says: I want the car. They buy it in his name and pay the price, then they sell it to this applicant for more than the price, in installments! This is a ruse to commit riba.Meaning: Instead of saying: Take fifty thousand riyals, the value of the car, and it is owed to you as sixty thousand at a future date, they came up with this nominal sale. Would the financing house buy the car now if this man had not come to request the car? No.And if the car applicant said: They buy it at its value.Meaning: Would they buy it for fifty thousand and take it from you in installments for fifty thousand? I am certain that the financing house would not accept that.Therefore: What is the intention of the financing house in this transaction? The intention is the increase. So this is, in reality, a loan with an increase, but through a ruse (a loop). And it is known that Allah the Exalted does not benefit from ruses, so He is
He knows that which deceives the eyes and what the breasts conceal.يَعْلَمُ خَائِنَةَ الْأَعْيُنِ وَمَا تُخْفِي الصُّدُور
[Ghafir: 19] So if it were said to the financing house: What is your intention in buying this car and selling it to this man?He would say with certainty: If their intention is the increase, and they can never claim that their intention is to do good to this man.Some people say:-For example-If the buying man said: I do not want the car, the financing house bought it.So we say: First, this is an argument that does not benefit with Allah; because will the one who requested the car leave it? He will not leave it, and he wants it. For this reason, if you counted a thousand transactions of this type, you would not find one of them where he waived it. So do not be deceived by the actions of people.
And the profit that this man takes is considered riba, and the explicit riba that banks do is easier than this; because explicit riba is riba that a person enters into knowing that he is disobeying Allah and he tries to repent, whereas this one is entered into as if it is permissible. And this is not permissible. The Jews used ruses to circumvent the prohibitions of Allah with less than this.Allah forbade them the fats, he said: They were told: Do not eat the fats. So what did they do?They said: They melt the fat, then they sell the fat and take the price. In the current form, did they eat the fat? They did not eat it, nor did they sell the fat in its natural state, and they also melted it.So that it would not be said: You have sold what is forbidden to you and eaten its price. So they melted it, then sold it, and ate its price.And the Messenger (peace and blessings be upon him) said: (May Allah fight the Jews! The fats were forbidden to them, so they packaged them, sold them, and ate their price).
And likewise, the people of the Sabbath, the fish were forbidden to them on the Sabbath, so Allah tested them and made the fish come on the Sabbath in great numbers, spread out on the surface of the water, and on days other than the Sabbath, they do not see them.So they said: What did they do? It was not possible for these fish to go without being eaten. They made a net that they placed on Friday, so the fish would come and enter the net on the Sabbath, and when it was Sunday, they came and took them.And they said: We did not catch them on the Sabbath, we caught them on Sunday. So what were they punished with? They were punished in this world, hand by hand.Allah the Exalted said:
and We said to them, "Be apes, despised."فَقُلْنَا لَهُمْ كُونُوا قِرَدَةً خَاسِئِينَ
[al-Baqarah: 65] And they became apes that howl, and I seek refuge in Allah.
It is not permissible -absolutely- to make lawful the prohibitions of Allah through ruses, even if people give you fatwas and you give them fatwas. Think for yourself: Is this anything but a ruse? However, if this financing house has cars, and Zayd comes and sells to him in cash for fifty,And 'Amr comes and says: I want it in installments, and he says: For sixty, then there is no harm. But the fact that he does not buy except in order to take the riba, a person has no doubt that this is a ruse.
If it is obligatory for a person to repent and not deal in this way, then if he did not know that it was haram, what he took is halal. And if he knew and was stubborn, this is a matter for consideration.We may say: If he repents, he has what has passed, as Allah the Exalted said:
So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allahفَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ
[al-Baqarah: 275] And it may be said: No, this man is stubborn, so he must give in charity everything he took from this.
May Allah bless you and increase us and you in beneficial knowledge, and until we meet, if Allah wills, next Thursday. We ask Allah for success for us and for you.
Source shamela.ws

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas