Questions on installment sales.
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The questioner : How are you, our Shaykh?
The Shaykh : What Allah willed, what is this?
The questioner : This is better than the one from the day before yesterday. I had placed a piece of iron here and connected it, but I found its appearance unsuitable.
The questioner : I mean, that was a patch.
The questioner: Yes.
The questioner : What is this for?
The questioner : WhenThe questioner : I ask, so that his voice is clear, I preferred that it not be...
The questioner : If you direct it like this toward the questioner, yes, yes, the microphone.
The questioner : Yes, exactly.
The questioner : We told him, if you bring a remote control.
The Shaykh : We will turn it on, I mean.
The questioner : Yes, of course, we will turn it on.
The questioner : Let us return to the question, Professor.
The Shaykh : Yes, exactly.
The questioner: Go ahead.
The Shaykh : So I say, in that case, the permissibility they claim does not hold.
The questioner: Yes.
The Shaykh : Because there is no difference if we look at the objectives of the Shari'ah.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And peace be upon you. You are the owner of the company, and I want to buy a car from you. Its price is four thousand cash, and four thousand five hundred on installments. I tell you, whether in this case directly, or in another case where you are the owner of a company and wealthy, I say to you, please lend me four thousand. You tell me, I want what they call today interest, I want five hundred. This is forbidden, there is no doubt in it.
The questioner: Yes.
The Shaykh : Especially if you clarify why you want four thousand. I say, by Allah, I want to buy a car whose price is four thousand. Fine, fine, I will give you a car for four thousand, but you give me five hundred in exchange for the installments. What is the difference between the two cases? There is no difference except that a new element has entered here: in the first case it is a debt, and here it is a sale. So we took the sale as a pretext to make permissible what is forbidden. It became a purely formal issue, just as the explicit text came in the story of the Sabbath in the Noble Qur'an, which is well known, and in the hadith that is unknown to many people, and no one, as they say, mentions it at all, even though it is related to the core of the subject, namely his saying (peace and blessings be upon him) What did the Jews do here? They went around.
The questioner: Yes.
The Shaykh : They went around the natural fat, melted it, and made it permissible. So if changing the form is for the sake of eating, what is the difference between this increase of five hundred on four thousand, instead of introducing buying and selling into the matter, and taking the increase of five hundred on four thousand? When selling entered the matter, it was all a roundabout way, as they say.
The questioner : I remember I heard in one of your sessions that the narrator of the hadith, Sammak ibn Harb, was asked: What are two sales in one sale? He said: It is when it is said that this item is for such-and-such cash, and for such-and-such on credit.
The Shaykh : Yes, this is a hadith narrated by Ibn Mas'ud, and the narrator is, of course, more knowledgeable about what he narrates.
The questioner : I mean, is it a text on the issue?
The Shaykh : It is a text on the issue.
The questioner : I mean, it is not needed, it is clear.
The Shaykh : Yes, exactly.
The questioner : My teacher, in the Musnad of al-Ja'd, the Ja'diyyat, there is a sound chain from al-Hasan al-Basri regarding the dislike of this very issue.
The Shaykh : Do you have texts in 'Abd al-Razzaq's Musannaf?
The questioner : Yes, not from al-Hasan, no, not in 'Abd al-Razzaq, nor in Ibn Abi Shaybah.
The Shaykh : Understood, understood, there are texts.
The questioner : Yes, that is correct.
The Shaykh : I mean, is the issue not a matter of saying?
The questioner : It is not as I picture it, that it is agreed upon by the majority of scholars, and I do not know what.
The Shaykh : I seek refuge in Allah, especially when they speak in the name of fatwa, not fatwa, and they hold a session or an academic seminar.
The questioner : A conference or something like that.
The Shaykh : These people want a goal, so they gather everything that supports it without seeking the truth in it.
The questioner : It is strange, Professor, we have a doctor at the University of Jordan named Dr. Muhammad 'Aqilah, and he is known for his writings, and he has a newly printed book titled "The Ruling on Installment Sales in the Shari'ah and the Law." He speaks, glory be to Allah, I mean, do you know what it means? The hadithSunan Abi Dawud 3461Hasan (Al-Albani) They say this hadith contains Muhammad ibn 'Amr ibn 'Alqamah, and there is discussion about this among the scholars.
The questioner : ... the law does not prohibit.
The questioner : He is not going to bring it like that... all his legal research is religious.
The questioner : Even he is active in research, his rank might be a bit high.
The questioner : Certainly, Professor, a doctor is the highest rank in the university, the highest of them.
The questioner : Exactly, he might be the highest one.
The questioner : There is nothing, glory be to Allah, but there is an additional benefit we mention here: the one who transmits the madhahib of the jurists who say prohibition, among many of the previous jurists, Ghayla al-L...
The Shaykh : May Allah increase his good.
The questioner : Ah, that is good, and he transmits those who say.
The questioner : He leans toward.
The questioner : Of course, and he leans toward permissibility. And there is a doctor named Amin al-Masri, it seems this is in Saudi Arabia or somewhere, who says to him, a middle position in the issue, meaning it is not strictly forbidden, nor strictly permissible. Strange, glory be to Allah!
The questioner : Amin al-Masri himself?
The questioner : No, not Amin al-Masri.
The Shaykh : This one is alive.
The questioner : Alive, yes.
The questioner : O Shaykh, I came across al-Shawkani's opinion on the issue.
The Shaykh : How?
The questioner : Al-Shawkani on the issue of installments, does he have an opinion on it?
The Shaykh : He has a treatise on it, after we saw it.
The questioner : In al-Nayl, he has words from which permissibility is understood, and he referred to the treatise. And in al-Sayl, he has words from which prohibition is understood, for the same treatise.
The Shaykh : What Allah willed, what is this?
The questioner : This is better than the one from the day before yesterday. I had placed a piece of iron here and connected it, but I found its appearance unsuitable.
The questioner : I mean, that was a patch.
The questioner: Yes.
The questioner : What is this for?
The questioner : WhenThe questioner : I ask, so that his voice is clear, I preferred that it not be...
The questioner : If you direct it like this toward the questioner, yes, yes, the microphone.
The questioner : Yes, exactly.
The questioner : We told him, if you bring a remote control.
The Shaykh : We will turn it on, I mean.
The questioner : Yes, of course, we will turn it on.
The questioner : Let us return to the question, Professor.
The Shaykh : Yes, exactly.
The questioner: Go ahead.
The Shaykh : So I say, in that case, the permissibility they claim does not hold.
The questioner: Yes.
The Shaykh : Because there is no difference if we look at the objectives of the Shari'ah.
The questioner : Peace be upon you and Allah's mercy.
The Shaykh : And peace be upon you. You are the owner of the company, and I want to buy a car from you. Its price is four thousand cash, and four thousand five hundred on installments. I tell you, whether in this case directly, or in another case where you are the owner of a company and wealthy, I say to you, please lend me four thousand. You tell me, I want what they call today interest, I want five hundred. This is forbidden, there is no doubt in it.
The questioner: Yes.
The Shaykh : Especially if you clarify why you want four thousand. I say, by Allah, I want to buy a car whose price is four thousand. Fine, fine, I will give you a car for four thousand, but you give me five hundred in exchange for the installments. What is the difference between the two cases? There is no difference except that a new element has entered here: in the first case it is a debt, and here it is a sale. So we took the sale as a pretext to make permissible what is forbidden. It became a purely formal issue, just as the explicit text came in the story of the Sabbath in the Noble Qur'an, which is well known, and in the hadith that is unknown to many people, and no one, as they say, mentions it at all, even though it is related to the core of the subject, namely his saying (peace and blessings be upon him)
May Allah curse the Jews. The fats were forbidden to them, so they rendered them into tallow, then sold it and ate its price. And indeed, when Allah (Mighty and Majestic) forbids the eating of something, He forbids its price.
لعن الله اليهود حرمت عليهم الشحوم ، فجملوها ثم باعوها وأكلوا أثمانها وإن الله عز وجل إذا حرم أكل شيئا حرم ثمنهThe questioner: Yes.
The Shaykh : They went around the natural fat, melted it, and made it permissible. So if changing the form is for the sake of eating, what is the difference between this increase of five hundred on four thousand, instead of introducing buying and selling into the matter, and taking the increase of five hundred on four thousand? When selling entered the matter, it was all a roundabout way, as they say.
The questioner : I remember I heard in one of your sessions that the narrator of the hadith, Sammak ibn Harb, was asked: What are two sales in one sale? He said: It is when it is said that this item is for such-and-such cash, and for such-and-such on credit.
The Shaykh : Yes, this is a hadith narrated by Ibn Mas'ud, and the narrator is, of course, more knowledgeable about what he narrates.
The questioner : I mean, is it a text on the issue?
The Shaykh : It is a text on the issue.
The questioner : I mean, it is not needed, it is clear.
The Shaykh : Yes, exactly.
The questioner : My teacher, in the Musnad of al-Ja'd, the Ja'diyyat, there is a sound chain from al-Hasan al-Basri regarding the dislike of this very issue.
The Shaykh : Do you have texts in 'Abd al-Razzaq's Musannaf?
The questioner : Yes, not from al-Hasan, no, not in 'Abd al-Razzaq, nor in Ibn Abi Shaybah.
The Shaykh : Understood, understood, there are texts.
The questioner : Yes, that is correct.
The Shaykh : I mean, is the issue not a matter of saying?
The questioner : It is not as I picture it, that it is agreed upon by the majority of scholars, and I do not know what.
The Shaykh : I seek refuge in Allah, especially when they speak in the name of fatwa, not fatwa, and they hold a session or an academic seminar.
The questioner : A conference or something like that.
The Shaykh : These people want a goal, so they gather everything that supports it without seeking the truth in it.
The questioner : It is strange, Professor, we have a doctor at the University of Jordan named Dr. Muhammad 'Aqilah, and he is known for his writings, and he has a newly printed book titled "The Ruling on Installment Sales in the Shari'ah and the Law." He speaks, glory be to Allah, I mean, do you know what it means? The hadith
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتين في بيعة فله أوكسهما أو الرباThe questioner : ... the law does not prohibit.
The questioner : He is not going to bring it like that... all his legal research is religious.
The questioner : Even he is active in research, his rank might be a bit high.
The questioner : Certainly, Professor, a doctor is the highest rank in the university, the highest of them.
The questioner : Exactly, he might be the highest one.
The questioner : There is nothing, glory be to Allah, but there is an additional benefit we mention here: the one who transmits the madhahib of the jurists who say prohibition, among many of the previous jurists, Ghayla al-L...
The Shaykh : May Allah increase his good.
The questioner : Ah, that is good, and he transmits those who say.
The questioner : He leans toward.
The questioner : Of course, and he leans toward permissibility. And there is a doctor named Amin al-Masri, it seems this is in Saudi Arabia or somewhere, who says to him, a middle position in the issue, meaning it is not strictly forbidden, nor strictly permissible. Strange, glory be to Allah!
The questioner : Amin al-Masri himself?
The questioner : No, not Amin al-Masri.
The Shaykh : This one is alive.
The questioner : Alive, yes.
The questioner : O Shaykh, I came across al-Shawkani's opinion on the issue.
The Shaykh : How?
The questioner : Al-Shawkani on the issue of installments, does he have an opinion on it?
The Shaykh : He has a treatise on it, after we saw it.
The questioner : In al-Nayl, he has words from which permissibility is understood, and he referred to the treatise. And in al-Sayl, he has words from which prohibition is understood, for the same treatise.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.