A Form of the Forbidden Installment Sale
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Installment Sale of Cars: A car comes to the owner of the showroom, and the owner of the showroom sells it to a person, and the person pays for it in installments to a third party. The owner of the car that he bought sells it, and then it returns to the owner of the showroom again. It may return to the owner of the showroom more than once or twice. What is your opinion on this matter?
I see first: That this transaction is not permissible; that a person comes to the merchant,And he says: saying, "I want a car from you on installment," and then the merchant orders him to go to the showroom and choose whatever car he wishes, and then he returns to the merchant,And he says: saying, "I chose such-and-such a car," so the merchant buys it from the showroom and then sells it to this person in need. This is forbidden, and there is no doubt that it is a ruse; for the merchant, instead of giving this man the value of the car in cash,And he says: saying, "The value of the car is so much in cash, and you owe more over one year,"There is no difference between this and saying: saying, "Go and buy the car for me, and then I will sell it to you."
And know that transactions conducted through ruses are more sinful than transactions conducted openly; because the one who resorts to a ruse to commit a forbidden act has committed a forbidden act, and has deceived Islam and imitated the Jews,For the Prophet (peace and blessings be upon him) said: (Do not do what the Jews did, so that you would make lawful the forbidden things of Allah through the slightest of ruses) and the example is clear: this man needed a car from a showroom worth fifty thousand riyals, so he went to the merchant,And he said: saying, "I need a car worth fifty thousand riyals. Lend me fifty thousand, and I will pay two thousand each month." So he lent him fifty thousand in cash, deferred, with him paying two thousand riyals each month. The man bought the car and left. There is no doubt that this is forbidden, because it is dirhams for dirhams with excess and delay,And the excess: the increase, so what is the difference between this form and the merchant saying: "I will buy the car for you for fifty thousand in cash and give it to the showroom, and then I will sell it to you for seventy thousand in installments over three years, for example?" What is the difference between them in form? There is no difference in reality. Do not make us play with Allah the Exalted. There is no difference at all. In fact, this is more wicked; because this is a ruse against riba, and the first is open riba. The one who commits open riba feels that he has committed a sin and is ashamed before Allah the Exalted, and he tries to repent. But this one who resorts to a ruse against Allah thinks that he is free from what he did, so he does not feel ashamed before Allah the Exalted, and he continues as he is. There is no difference between the two forms, and do not be deceived by the prevalence of this transaction, for the prevalence of the transaction is not an argument;Because Allah says: [Al-Qasas: 65] ,And He, Mighty and Majestic, says: [Al-Zukhruf: 39] So the matter is very clear that it is forbidden, even if some people issue a ruling that it is permissible, that is an error,And the wise person knows which is greater: Is this ruse, or the ruse of the Jews who were forbidden the fats, so they melted them first, then sold them and ate the price? The ruse I mentioned to you is more severe than this ruse, because the Jews did not eat the fat, nor did they sell the fat, but they melted it and then sold it and ate its price.
So the sale in this manner is forbidden and not permissible, even if a person eats the hooves of camels, he should not engage in this transaction.
I see first: That this transaction is not permissible; that a person comes to the merchant,And he says: saying, "I want a car from you on installment," and then the merchant orders him to go to the showroom and choose whatever car he wishes, and then he returns to the merchant,And he says: saying, "I chose such-and-such a car," so the merchant buys it from the showroom and then sells it to this person in need. This is forbidden, and there is no doubt that it is a ruse; for the merchant, instead of giving this man the value of the car in cash,And he says: saying, "The value of the car is so much in cash, and you owe more over one year,"There is no difference between this and saying: saying, "Go and buy the car for me, and then I will sell it to you."
And know that transactions conducted through ruses are more sinful than transactions conducted openly; because the one who resorts to a ruse to commit a forbidden act has committed a forbidden act, and has deceived Islam and imitated the Jews,For the Prophet (peace and blessings be upon him) said: (Do not do what the Jews did, so that you would make lawful the forbidden things of Allah through the slightest of ruses) and the example is clear: this man needed a car from a showroom worth fifty thousand riyals, so he went to the merchant,And he said: saying, "I need a car worth fifty thousand riyals. Lend me fifty thousand, and I will pay two thousand each month." So he lent him fifty thousand in cash, deferred, with him paying two thousand riyals each month. The man bought the car and left. There is no doubt that this is forbidden, because it is dirhams for dirhams with excess and delay,And the excess: the increase, so what is the difference between this form and the merchant saying: "I will buy the car for you for fifty thousand in cash and give it to the showroom, and then I will sell it to you for seventy thousand in installments over three years, for example?" What is the difference between them in form? There is no difference in reality. Do not make us play with Allah the Exalted. There is no difference at all. In fact, this is more wicked; because this is a ruse against riba, and the first is open riba. The one who commits open riba feels that he has committed a sin and is ashamed before Allah the Exalted, and he tries to repent. But this one who resorts to a ruse against Allah thinks that he is free from what he did, so he does not feel ashamed before Allah the Exalted, and he continues as he is. There is no difference between the two forms, and do not be deceived by the prevalence of this transaction, for the prevalence of the transaction is not an argument;Because Allah says:
And [mention] the Day He will call them and say, "What did you answer the messengers?"
وَيَوْمَ يُنَادِيهِمْ فَيَقُولُ مَاذَا أَجَبْتُمْ الْمُرْسَلِينَAnd never will it benefit you that Day, when you have wronged, that you are [all] sharing in the punishment.
وَلَنْ يَنفَعَكُمْ الْيَوْمَ إِذْ ظَلَمْتُمْ أَنَّكُمْ فِي الْعَذَابِ مُشْتَرِكُونَSo the sale in this manner is forbidden and not permissible, even if a person eats the hooves of camels, he should not engage in this transaction.