The Ruling on the Murabahah Sale System with Banks
Machine translationRead the Arabic original
What is your opinion on the sale system via murabahah?The Shaykh: How is the murabahah? I buy a commodity for a thousand, then another person comes to me and says: Sell it to me for a profit, whether deferred or not.I say to him: There is no obstacle; give me a profit of one hundred on the thousand, and I will sell it to you. There is nothing wrong with this, and there is no issue with it.
The questioner: Let me explain to you, O Shaykh, how the system works with us.For example: You want to buy a house for a price, for example, of one hundred thousand dinars, and the man comes to you while you want to complete this amount from this bank.He says: Yes, I will complete the remaining amount for you, for example, the remaining twenty thousand.He says: And I take from you that I will sell you the house, for example, for one hundred and ten thousand, meaning a 50% profit for him. Is that it?The Shaykh: That is wrong.Meaning: I buy a house for eighty?The questioner: Yes, meaning he buys it from the owner and then sells it to you a second time.
The Shaykh: No, this is forbidden by apparent consensus; no one says this is permissible.
Now understand this question: I bought this item, for example, for one hundred, and I do not have the money.You went to the merchant and he said: I will buy it from you for one hundred and sell it to you for one hundred and twenty. This is forbidden, there is no doubt about it. If this is the question, it is forbidden, there is no doubt.
The questioner: I want to buy this house for one hundred thousand, but I do not possess this amount, so I go to the bank and say: Buy this house for me, which is worth one hundred thousand.They say: We will buy it for you from its owner and then sell it to you for one hundred and twenty or one hundred and thirty?The Shaykh: Now, if this person had not come and said: Buy the house, would the bank buy it or not? It would not buy it. So, this purchase from the bank is a stratagem to circumvent riba.Instead of the bank saying: Take this one hundred thousand for one hundred and twenty thousand and buy the house. He says: I will buy it and sell it to you. The bank has no interest in buying this house except for the riba increase. It is known that the bank has no interest in the house; if you had not come and requested it, it would not have bought it. So, it is not a trader, but one who is scheming against one who knows the treachery of the eyes and what the breasts conceal.Scheming, instead of the bank saying: Take the one hundred thousand, go buy the house, and give its equivalent at the end of the year as one hundred and twenty thousand. He says: I buy the house and sell it to you.
Allah is the Helper! Which is closer to a stratagem for riba: This, or what the Jews did when fats were forbidden to them, they said: We do not eat what is not lawful. Melt them until they become tallow, then sell the tallow and eat its price? That is even further.Meaning: The Jews' stratagem is further from the forbidden than the stratagem I mentioned to you.
Therefore, I do not doubt that it is forbidden, and I advise my brothers to beware of it.And I say: Perhaps the hardness of hearts and distance from the Knower of the Unseen is due to these forbidden foods from which hardly anyone breaks away, because he sees it as lawful, and perhaps some people have issued a fatwa to that effect. We are a clear nation, an Islamic nation, we enter houses from their doors, and we are like the sun.Everyone knows that this is forbidden, and no one says: Lawful.Or he says: Where is the house you want? The bank goes and buys it for one hundred thousand and sells it to this person for one hundred and twenty thousand. What is the difference, O brothers? But if the house or car was originally at the bank and it sold it to you for a profit.And he bought it for one hundred and said: For one hundred and twenty to you, there is nothing wrong with that, unless the intention is the money, in which case it is the issue of tawarruq, and there is disagreement on it.
First: Is it conceivable that this man who chose this house or car is alerted, and he knows its price and wants it?!! Meaning: If one out of a thousand is found, it can be very rare. It is not possible that he comes to choose it and comes to the bank without knowing the price.
Second: That if he makes it easy -Meaning: He reconsiders - a black circle is written on his page, and he is not trusted after that. So, he will not make it easy -Meaning: He will not reconsider.
By Allah, O my brother, look, I say to my brothers: We are an Islamic nation, and our Prophet (peace and blessings be upon him) said: (Do not commit what the Jews committed, so that you make lawful the prohibitions of Allah by the slightest stratagems) By Allah! Then by Allah! Then by Allah! If there were anything of lawfulness in it, I would issue a fatwa that it is lawful. But how can I face the Lord of the Worlds, who knows the treachery of the eyes and what the breasts conceal, leave the bank to buy what it wishes of lands or houses or cars and display them for sale. I come and say I want it for cash, and it says: For one hundred.The second one comes and says: I want it on installments, it says: For one hundred and twenty.
No one denies that this is permissible, if Allah wills. But this is a game, O brothers! Think about it. You have from now until the soul reaches the throat, and what is the result?
The questioner: Let me explain to you, O Shaykh, how the system works with us.For example: You want to buy a house for a price, for example, of one hundred thousand dinars, and the man comes to you while you want to complete this amount from this bank.He says: Yes, I will complete the remaining amount for you, for example, the remaining twenty thousand.He says: And I take from you that I will sell you the house, for example, for one hundred and ten thousand, meaning a 50% profit for him. Is that it?The Shaykh: That is wrong.Meaning: I buy a house for eighty?The questioner: Yes, meaning he buys it from the owner and then sells it to you a second time.
The Shaykh: No, this is forbidden by apparent consensus; no one says this is permissible.
Now understand this question: I bought this item, for example, for one hundred, and I do not have the money.You went to the merchant and he said: I will buy it from you for one hundred and sell it to you for one hundred and twenty. This is forbidden, there is no doubt about it. If this is the question, it is forbidden, there is no doubt.
The questioner: I want to buy this house for one hundred thousand, but I do not possess this amount, so I go to the bank and say: Buy this house for me, which is worth one hundred thousand.They say: We will buy it for you from its owner and then sell it to you for one hundred and twenty or one hundred and thirty?The Shaykh: Now, if this person had not come and said: Buy the house, would the bank buy it or not? It would not buy it. So, this purchase from the bank is a stratagem to circumvent riba.Instead of the bank saying: Take this one hundred thousand for one hundred and twenty thousand and buy the house. He says: I will buy it and sell it to you. The bank has no interest in buying this house except for the riba increase. It is known that the bank has no interest in the house; if you had not come and requested it, it would not have bought it. So, it is not a trader, but one who is scheming against one who knows the treachery of the eyes and what the breasts conceal.Scheming, instead of the bank saying: Take the one hundred thousand, go buy the house, and give its equivalent at the end of the year as one hundred and twenty thousand. He says: I buy the house and sell it to you.
Allah is the Helper! Which is closer to a stratagem for riba: This, or what the Jews did when fats were forbidden to them, they said: We do not eat what is not lawful. Melt them until they become tallow, then sell the tallow and eat its price? That is even further.Meaning: The Jews' stratagem is further from the forbidden than the stratagem I mentioned to you.
Therefore, I do not doubt that it is forbidden, and I advise my brothers to beware of it.And I say: Perhaps the hardness of hearts and distance from the Knower of the Unseen is due to these forbidden foods from which hardly anyone breaks away, because he sees it as lawful, and perhaps some people have issued a fatwa to that effect. We are a clear nation, an Islamic nation, we enter houses from their doors, and we are like the sun.Everyone knows that this is forbidden, and no one says: Lawful.Or he says: Where is the house you want? The bank goes and buys it for one hundred thousand and sells it to this person for one hundred and twenty thousand. What is the difference, O brothers? But if the house or car was originally at the bank and it sold it to you for a profit.And he bought it for one hundred and said: For one hundred and twenty to you, there is nothing wrong with that, unless the intention is the money, in which case it is the issue of tawarruq, and there is disagreement on it.
First: Is it conceivable that this man who chose this house or car is alerted, and he knows its price and wants it?!! Meaning: If one out of a thousand is found, it can be very rare. It is not possible that he comes to choose it and comes to the bank without knowing the price.
Second: That if he makes it easy -Meaning: He reconsiders - a black circle is written on his page, and he is not trusted after that. So, he will not make it easy -Meaning: He will not reconsider.
By Allah, O my brother, look, I say to my brothers: We are an Islamic nation, and our Prophet (peace and blessings be upon him) said: (Do not commit what the Jews committed, so that you make lawful the prohibitions of Allah by the slightest stratagems) By Allah! Then by Allah! Then by Allah! If there were anything of lawfulness in it, I would issue a fatwa that it is lawful. But how can I face the Lord of the Worlds, who knows the treachery of the eyes and what the breasts conceal, leave the bank to buy what it wishes of lands or houses or cars and display them for sale. I come and say I want it for cash, and it says: For one hundred.The second one comes and says: I want it on installments, it says: For one hundred and twenty.
No one denies that this is permissible, if Allah wills. But this is a game, O brothers! Think about it. You have from now until the soul reaches the throat, and what is the result?