A merchant writes a false price to evade customs duties, even though if he wrote the true price, the customs duty on him would be doubled
Machine translationRead the Arabic original
The Shaykh : Yes.
The questioner : And of course, it appears that he is a car parts merchant, and you know that most car parts merchants have their shops near each other.
The Shaykh : Yes.
The questioner : In most cases.
The Shaykh : Yes.
The questioner : So he says: I usually, I mean, I am like the other merchants; I buy, for example, from abroad. So if I wrote the value of the invoice as they actually give it to me, the customs duty would be very high because it is based on the true price. And all my neighbors, besides the country, meaning ninety percent, or if not one hundred percent, of them do not write the true price, in order to evade customs. They agree with the exporting company to write a nominal price on the invoice, not the true one, so that the customs duty is reduced for them!
The Shaykh: Yes.
The questioner : And if he did not do so, he says, in fact, it appears that no one would buy, because they would see, for example, that the part is fifty dinars at my place, while at others it would be thirty dinars.
The Shaykh : Why is this light on? Wait, by Allah, a moment.
The questioner : Oh, our Shaykh.
The Shaykh : Peace and mercy of Allah be upon you.
The questioner : I say, our Shaykh: So he writes a false price to evade customs, and if he wrote the true price, the customs duty on him would be doubled, and consequently his neighbors would all be much lower than him in selling the goods.
The Shaykh: Yes.
The questioner : He asks whether this alteration of the basic source of the price on the invoice to evade customs is permissible, or in light of these circumstances?
The Shaykh : By Allah, I say: As it came in the report that some weak narrators elevated:Jami` at-Tirmidhi 2007Hasan (Darussalam).
The questioner: Oh, wonderful.
The Shaykh : So I see that for this man, first: in order to be with Allah in what Allah loves, he should be truthful, and not be with the masses of people who do not ask about what is forbidden or what is lawful.
The questioner: Yes.
The Shaykh : Second: that he take the prescribed path with the tax officials, and explain to them that I am giving you the correct and actual figures.
The questioner: Yes.
The Shaykh : Whereas often he says, for example, that everyone, or many of our like, are giving you incorrect figures.
The questioner: Yes.
The Shaykh : If you want to help us to be truthful with you, I am truthful with you, so be merciful with us.
The questioner: Yes.
The Shaykh : If they respond to him, then his saying would be in accordance with the saying of the Exalted:[At-Talaq 65:2-3].
The questioner: Allah is the Greatest!
The Shaykh : And if they do not, then he has nothing to do but consider it among the misfortunes for which he is rewarded.
The questioner: Allah is the Greatest!
The Shaykh : This is what I have.
The questioner : May Allah reward you with good.
The Shaykh : May Allah preserve you.
The questioner : There is a point, our Shaykh, that this door might be achieving the obvious.
The Shaykh: Yes!
The questioner : That it might happen, and he says: Even if we knew that these customs are taxes and so on.
The Shaykh: This is well known.
The questioner : Even if that were the case.
The Shaykh : Yes, yes.
The questioner : The sin is on them, not on you?!
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : May Allah preserve you.
The questioner : Do you advise us of something, our Shaykh?
The Shaykh : If I consider it a promise between me and you?
The questioner : Yes, our Shaykh, of course the promise stands.
The Shaykh : Oh God.
The questioner : And of course, it appears that he is a car parts merchant, and you know that most car parts merchants have their shops near each other.
The Shaykh : Yes.
The questioner : In most cases.
The Shaykh : Yes.
The questioner : So he says: I usually, I mean, I am like the other merchants; I buy, for example, from abroad. So if I wrote the value of the invoice as they actually give it to me, the customs duty would be very high because it is based on the true price. And all my neighbors, besides the country, meaning ninety percent, or if not one hundred percent, of them do not write the true price, in order to evade customs. They agree with the exporting company to write a nominal price on the invoice, not the true one, so that the customs duty is reduced for them!
The Shaykh: Yes.
The questioner : And if he did not do so, he says, in fact, it appears that no one would buy, because they would see, for example, that the part is fifty dinars at my place, while at others it would be thirty dinars.
The Shaykh : Why is this light on? Wait, by Allah, a moment.
The questioner : Oh, our Shaykh.
The Shaykh : Peace and mercy of Allah be upon you.
The questioner : I say, our Shaykh: So he writes a false price to evade customs, and if he wrote the true price, the customs duty on him would be doubled, and consequently his neighbors would all be much lower than him in selling the goods.
The Shaykh: Yes.
The questioner : He asks whether this alteration of the basic source of the price on the invoice to evade customs is permissible, or in light of these circumstances?
The Shaykh : By Allah, I say: As it came in the report that some weak narrators elevated:
Do not be a people without a will of your own, saying: 'If people treat us well, we will treat them well; and if they do wrong, we will do wrong,' but accustom yourselves to do good if people do good, and do not behave unjustly if they do evil.
لا تكونوا إمَّعةً ، تقولون : إن أحسَنَ الناس أحسنَّا ، وإن أساؤوا ظلمنا ، ولكن وطِّنوا أنفسكم ؛ إن أحسنوا أن تحسنوا ، وإن أساؤوا فلا تظلمواThe questioner: Oh, wonderful.
The Shaykh : So I see that for this man, first: in order to be with Allah in what Allah loves, he should be truthful, and not be with the masses of people who do not ask about what is forbidden or what is lawful.
The questioner: Yes.
The Shaykh : Second: that he take the prescribed path with the tax officials, and explain to them that I am giving you the correct and actual figures.
The questioner: Yes.
The Shaykh : Whereas often he says, for example, that everyone, or many of our like, are giving you incorrect figures.
The questioner: Yes.
The Shaykh : If you want to help us to be truthful with you, I am truthful with you, so be merciful with us.
The questioner: Yes.
The Shaykh : If they respond to him, then his saying would be in accordance with the saying of the Exalted:
And whoever fears Allah - He will make for him a way out (3) And will provide for him from where he does not expect.
وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا * وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُThe questioner: Allah is the Greatest!
The Shaykh : And if they do not, then he has nothing to do but consider it among the misfortunes for which he is rewarded.
The questioner: Allah is the Greatest!
The Shaykh : This is what I have.
The questioner : May Allah reward you with good.
The Shaykh : May Allah preserve you.
The questioner : There is a point, our Shaykh, that this door might be achieving the obvious.
The Shaykh: Yes!
The questioner : That it might happen, and he says: Even if we knew that these customs are taxes and so on.
The Shaykh: This is well known.
The questioner : Even if that were the case.
The Shaykh : Yes, yes.
The questioner : The sin is on them, not on you?!
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : May Allah preserve you.
The questioner : Do you advise us of something, our Shaykh?
The Shaykh : If I consider it a promise between me and you?
The questioner : Yes, our Shaykh, of course the promise stands.
The Shaykh : Oh God.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.