If a man buys a house with an interest-bearing loan from an interest-based institution, then learns of the prohibition of this transaction while he wants to repent, is it permissible for him to sell this house?
Machine translationRead the Arabic original
'Abd al-Malik: Shaykh, a man bought a house with an interest-bearing loan.
The Shaykh: With a loan?
'Abd al-Malik: Interest-bearing.
The Shaykh: Hand-written?
'Abd al-Malik: Interest-bearing, riba.
The Shaykh: Ah, interest-bearing.
'Abd al-Malik: Yes.
The Shaykh: You break the raa and obscure the word for me.
'Abd al-Malik: Yes.
The Shaykh: An interest-bearing loan, okay.
'Abd al-Malik: I mean, from an interest-based institution, then he learned of the prohibition of this transaction, so he asked: Is it part of my repentance that I sell this house for more than I bought it for, then give its price in charity and benefit from the remainder? And is it said here that it is a case of need or no need, meaning if he is in need of the house or not? May Allah bless you.
The Shaykh: Early, my brother, early.
Abu Layla: Health and wellness, if Allah wills.
Another questioner: With health and recovery, if Allah wills. If we said honey, we would wish you would lick and lap it up.
The audience: Hehehehehehe.
The Shaykh: May Allah preserve you.
The Shaykh: First, why does this man want to sell the house for more than he bought it for? Because there is something strange in the question. If a buyer bought a house for a certain price and wanted to sell it to make a profit, that is a matter that does not require a question, because it falls under the saying of Allah the Exalted:[Al-Baqarah 2:275] But this man bought this house with haram money, so why does he want to sell it for more and not return it to the one who bought it from him, if it is the bank, for example? We must know the motive and the driving force behind his selling this house, because he is supposed to strive, to the extent of his ability, to implement the saying of Allah the Mighty and Majestic: [Al-Baqarah 2:279] Therefore, there is great consideration in this matter; because it means that the man wants to repent, but at the same time wants to exploit the haram money to make a profit. And it is known in the authentic hadith the saying of the Prophet (peace and blessings be upon him and his companions): So, whatever results from haram money is haram. Is there anything in the incident that might allow us to gain more light from the details than what I heard just now?
'Abd al-Malik: He did not buy this house from this institution.
The Shaykh : Yes.
'Abd al-Malik: Rather, the institution only lends to him. This is first. Second, he is in need of the house; he does not own any other.
The Shaykh: Then why does he want to sell it?
'Abd al-Malik: To get rid of the haram, to give its cash in charity. Does he keep it because he is in need, or does he give it in charity in this manner?
The Shaykh: Does he give the house in charity, or the profit?
'Abd al-Malik: I mean, he does not give the original price of the house in charity.
The Shaykh: Just now I heard that he wants to sell the house for more and make a profit.
'Abd al-Malik: Yes.
The Shaykh: And I understood that he wants to give the profit in charity.
'Abd al-Malik: He does not give the price of the house in charity.
The Shaykh: The price of the house.
'Abd al-Malik: Yes.
The Shaykh: I mean, the whole house.
'Abd al-Malik: Yes.
The Shaykh: Strange. And why does he not sell it for the lowest possible price, get rid of it, and pay off the doubtful debt he owes? Let us give an example. For how much did he buy it? Let us suppose twenty thousand, yes?
'Abd al-Malik: Yes.
The Shaykh: Okay. What is the interest on the twenty thousand? For example, two hundred, three hundred, five hundred thousand, whatever the case may be. He must pay what he can of the principal. And if he can, by one means or another that is lawful, convince the lenders of the riba to waive the riba, because in some of their transactions, if the debtor hastens to pay, they deduct from the riba. This is the way to get rid of the sin, not to get rid of all the money, some of which is undoubtedly halal. Then he engages in selling for more than he bought, claiming that he wants to give all this money in charity. Here, the saying of that poet about that prostitute applies, where he said: "I wish she had not committed zina and not given charity." So, he must engage in the means to sell the house and pay off what he owes of the debt, and not try to trade with it. Yes, that is right.
The Shaykh: With a loan?
'Abd al-Malik: Interest-bearing.
The Shaykh: Hand-written?
'Abd al-Malik: Interest-bearing, riba.
The Shaykh: Ah, interest-bearing.
'Abd al-Malik: Yes.
The Shaykh: You break the raa and obscure the word for me.
'Abd al-Malik: Yes.
The Shaykh: An interest-bearing loan, okay.
'Abd al-Malik: I mean, from an interest-based institution, then he learned of the prohibition of this transaction, so he asked: Is it part of my repentance that I sell this house for more than I bought it for, then give its price in charity and benefit from the remainder? And is it said here that it is a case of need or no need, meaning if he is in need of the house or not? May Allah bless you.
The Shaykh: Early, my brother, early.
Abu Layla: Health and wellness, if Allah wills.
Another questioner: With health and recovery, if Allah wills. If we said honey, we would wish you would lick and lap it up.
The audience: Hehehehehehe.
The Shaykh: May Allah preserve you.
The Shaykh: First, why does this man want to sell the house for more than he bought it for? Because there is something strange in the question. If a buyer bought a house for a certain price and wanted to sell it to make a profit, that is a matter that does not require a question, because it falls under the saying of Allah the Exalted:
But Allah has permitted trade and has forbidden interest
وأحل الله البيع وحرم الرباBut if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged.
فإن تبتم فلكم رؤوس أموالكم لا تظلِمون ولا تُظلمونA dirham of riba that a man consumes is more severe with Allah, Blessed and Exalted is He, than thirty-six acts of zina.
درهم ربا يأكله الرجل أشد عند الله تبارك وتعالى من ستٍ وثلاثين زنية'Abd al-Malik: He did not buy this house from this institution.
The Shaykh : Yes.
'Abd al-Malik: Rather, the institution only lends to him. This is first. Second, he is in need of the house; he does not own any other.
The Shaykh: Then why does he want to sell it?
'Abd al-Malik: To get rid of the haram, to give its cash in charity. Does he keep it because he is in need, or does he give it in charity in this manner?
The Shaykh: Does he give the house in charity, or the profit?
'Abd al-Malik: I mean, he does not give the original price of the house in charity.
The Shaykh: Just now I heard that he wants to sell the house for more and make a profit.
'Abd al-Malik: Yes.
The Shaykh: And I understood that he wants to give the profit in charity.
'Abd al-Malik: He does not give the price of the house in charity.
The Shaykh: The price of the house.
'Abd al-Malik: Yes.
The Shaykh: I mean, the whole house.
'Abd al-Malik: Yes.
The Shaykh: Strange. And why does he not sell it for the lowest possible price, get rid of it, and pay off the doubtful debt he owes? Let us give an example. For how much did he buy it? Let us suppose twenty thousand, yes?
'Abd al-Malik: Yes.
The Shaykh: Okay. What is the interest on the twenty thousand? For example, two hundred, three hundred, five hundred thousand, whatever the case may be. He must pay what he can of the principal. And if he can, by one means or another that is lawful, convince the lenders of the riba to waive the riba, because in some of their transactions, if the debtor hastens to pay, they deduct from the riba. This is the way to get rid of the sin, not to get rid of all the money, some of which is undoubtedly halal. Then he engages in selling for more than he bought, claiming that he wants to give all this money in charity. Here, the saying of that poet about that prostitute applies, where he said: "I wish she had not committed zina and not given charity." So, he must engage in the means to sell the house and pay off what he owes of the debt, and not try to trade with it. Yes, that is right.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.