A man wants to buy a car, and its price in the market is ten thousand dinars cash, and fifteen thousand dinars on installments
Machine translationRead the Arabic original
The questioner: Our Shaykh, a man wants to buy a car. The price of the car in the market, for example, is ten thousand dinars cash, and fifteen thousand dinars on installments. The man is careful not to fall into taking installment sales. So, he found a man selling the car at a price between the two; meaning, it is appropriate to be at the cash price, but it is higher than the cash price, in exchange for giving him part of the price. This means, this sale is very difficult to find from others. This man agreed that he would take part of the price and the rest on installments. If this man wanted to get this car on installments with this amount, he would find the amount higher. So, the first scenario—Your Eminence, the Shaykh—even if the amount is higher than what is customary among people; does the ruling of two sales in one sale apply to it, or is it permissible?
The Shaykh: You mean the second scenario, not the first.
The questioner: The first scenario, which is that the man found it at the appropriate price.
The Shaykh: It is the second scenario.
The questioner: If you understood me, that is what is intended, meaning.
The Shaykh: But I want to understand, did I understand or not? [The Shaykh laughs!]
The questioner: This is what is intended. Do I repeat the words, Your Eminence, the Shaykh?
The Shaykh: You want me to repeat to you, and I am correcting your words, then you agreed to the correction. How do you want to repeat the corrected version?
The questioner: The first intended scenario, Your Eminence, the Shaykh.
The Shaykh: The first scenario you presented is the one where you said: cash for ten thousand and installments for fifteen.
The questioner: This is common, yes.
The Shaykh: Listen, when you spoke, did I speak?
The questioner: No.
The Shaykh: So, what is my punishment when I speak and you speak?
The questioner: So that the intended meaning is achieved, Your Eminence, the Shaykh.
The Shaykh: And when you speak, I speak so that the intended meaning is achieved?
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh: It is the first scenario, correct? When you wanted to summarize your words, you made the first scenario the second and the second the first; so the second is the one with the lower price; correct?
The questioner: Repeat.
The Shaykh: The second is the one with the lower price?
The questioner: Yes.
The Shaykh: You—for example—did not name the lower percentage, but if I am explaining to you now and you are listening to me.
The questioner : If Allah wills.
The Shaykh: Ah, this other scenario, if the cash price is ten thousand; then this second one needs to take from him eleven or twelve or thirteen or fourteen, the important thing is that it does not reach fifteen; correct?
The questioner: Yes.
The Shaykh: So you said: Is it permissible? I told you: It is permissible. You are asking about the second scenario, not the first; because the first, as it appears from your words, is that you are convinced it is forbidden; because you started your words by saying he does not want to fall into the forbidden; correct? Okay; rest your heart and the hearts of the attendees regarding the first scenario, okay? We now have the second scenario; okay? Okay; we will reduce the profit which is above the cash price of ten and installments of eleven; okay? Does this come out of being an installment sale?
The questioner: It does not come out.
The Shaykh: Then why did you ask about the second scenario and not compare it to the first?
The questioner: If—Your Eminence, the Shaykh—you find a person.
The Shaykh: No, tell me: Why? What do you want to repeat your words for? I understand you.
The questioner: ... Repeating the words.
The Shaykh: Was it?
The questioner: This item that is worth ten thousand, you find another person selling it for eleven thousand, meaning at a cash price of eleven thousand. He found it selling for eleven thousand on installments, but if he had the cash, it might be permissible for him to take it for ten thousand.
The Shaykh: Stay in your place.
The questioner : ... .
The Shaykh: Stay in your place. Is this an installment sale or not?
The questioner: I do not understand you, Your Eminence, the Shaykh.
The Shaykh: No, by Allah, I understand you!
The questioner: I am not understanding, sorry.
The Shaykh: How is it that you do not understand me? I understood you now. Can you picture for me three people? One person sells cash for ten, and on installments for fifteen. A second person sells cash for ten, on installments for twelve. A third person sells cash for eleven, on installments for twelve. This one wants to buy from the third person. Okay; the third person sells cash for eleven, cash he wants to sell for twelve—for example—and the examples do not involve division or discussion. Okay; I am asking you, is this not an installment sale?
The questioner: Without doubt, it is installments.
The Shaykh: Then why did you tell me: I am not understanding you?
The questioner: Now I understand you.
The Shaykh: Okay; the previous question returns to you: Why are you asking about it since it is an installment sale?
The questioner: ... Your Eminence, the Shaykh, in my mind; that you find a person whose installment price that another sells at the cash price.
The Shaykh: Is this not a repetition of what we said?
Another questioner: ... The issue is just less profit, meaning.
The questioner: Our Shaykh, sorry, in the same issue, in the same thing... that this is installments, this is ten installments, not twelve, but the cash price of installments here is the one at twelve; excuse me, the cash price that is there, meaning, in another one, installments. One of our brothers claims that you permitted such a scenario.
The Shaykh: And what is it? Repeat to me...
The questioner: He came to housing, or a house, or a company, and wanted to buy a house; so this house is ten thousand cash and fifteen thousand on installments.
The Shaykh: Perfect.
The questioner: Days passed, circumstances occurred, and the cash price of this house became the installment price; so this scenario, he claims, you permitted for him.
The Shaykh: Was the installment price fifteen?
The questioner: Yes, and after a period, the installment price became ten.
The Shaykh: Ah, the opposite.
The questioner: This is my intention.
The Shaykh: The installments became at the price of ten.
The questioner: At the cash price.
The Shaykh: Cash.
The questioner: Yes.
The Shaykh: Okay; and the cash price?
Another questioner : ... .
The Shaykh: It did not mention it. Be patient, it did not mention it!
The questioner: ... Excuse me, O Shaykh.
The Shaykh: Sorry, we are for clarifying the Shari'ah... Okay; the installment price is lower, and we do not want it; excuse me, the cash price is lower, we do not want to enter into the details anymore, one thousand, two thousand, and so on, the important thing is that it is lower. Okay; what is this that I sought and permitted?
The questioner: The second scenario, perhaps with the last sentence eaten from...
The Shaykh: It is a problem!!
Al-Halabi: He is perhaps like this... Allah knows best.
The questioner: Yes, but...
The Shaykh: Yes, is this eating forbidden or lawful?
The questioner : It is forbidden.
The Shaykh: Okay; clarifying the answer.
The questioner : ... .
The Shaykh: It is not permissible, my brother.
: Perhaps the time has come, Abu 'Abdullah?
Another questioner: Ten and a half.
The Shaykh: Can you give them news?
Another questioner : Okay.
The Shaykh : Is the answer clear to you?
The questioner: Clarify the answer for me, our Shaykh.
The Shaykh : If Allah wills.
The Shaykh: You mean the second scenario, not the first.
The questioner: The first scenario, which is that the man found it at the appropriate price.
The Shaykh: It is the second scenario.
The questioner: If you understood me, that is what is intended, meaning.
The Shaykh: But I want to understand, did I understand or not? [The Shaykh laughs!]
The questioner: This is what is intended. Do I repeat the words, Your Eminence, the Shaykh?
The Shaykh: You want me to repeat to you, and I am correcting your words, then you agreed to the correction. How do you want to repeat the corrected version?
The questioner: The first intended scenario, Your Eminence, the Shaykh.
The Shaykh: The first scenario you presented is the one where you said: cash for ten thousand and installments for fifteen.
The questioner: This is common, yes.
The Shaykh: Listen, when you spoke, did I speak?
The questioner: No.
The Shaykh: So, what is my punishment when I speak and you speak?
The questioner: So that the intended meaning is achieved, Your Eminence, the Shaykh.
The Shaykh: And when you speak, I speak so that the intended meaning is achieved?
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh: It is the first scenario, correct? When you wanted to summarize your words, you made the first scenario the second and the second the first; so the second is the one with the lower price; correct?
The questioner: Repeat.
The Shaykh: The second is the one with the lower price?
The questioner: Yes.
The Shaykh: You—for example—did not name the lower percentage, but if I am explaining to you now and you are listening to me.
The questioner : If Allah wills.
The Shaykh: Ah, this other scenario, if the cash price is ten thousand; then this second one needs to take from him eleven or twelve or thirteen or fourteen, the important thing is that it does not reach fifteen; correct?
The questioner: Yes.
The Shaykh: So you said: Is it permissible? I told you: It is permissible. You are asking about the second scenario, not the first; because the first, as it appears from your words, is that you are convinced it is forbidden; because you started your words by saying he does not want to fall into the forbidden; correct? Okay; rest your heart and the hearts of the attendees regarding the first scenario, okay? We now have the second scenario; okay? Okay; we will reduce the profit which is above the cash price of ten and installments of eleven; okay? Does this come out of being an installment sale?
The questioner: It does not come out.
The Shaykh: Then why did you ask about the second scenario and not compare it to the first?
The questioner: If—Your Eminence, the Shaykh—you find a person.
The Shaykh: No, tell me: Why? What do you want to repeat your words for? I understand you.
The questioner: ... Repeating the words.
The Shaykh: Was it?
The questioner: This item that is worth ten thousand, you find another person selling it for eleven thousand, meaning at a cash price of eleven thousand. He found it selling for eleven thousand on installments, but if he had the cash, it might be permissible for him to take it for ten thousand.
The Shaykh: Stay in your place.
The questioner : ... .
The Shaykh: Stay in your place. Is this an installment sale or not?
The questioner: I do not understand you, Your Eminence, the Shaykh.
The Shaykh: No, by Allah, I understand you!
The questioner: I am not understanding, sorry.
The Shaykh: How is it that you do not understand me? I understood you now. Can you picture for me three people? One person sells cash for ten, and on installments for fifteen. A second person sells cash for ten, on installments for twelve. A third person sells cash for eleven, on installments for twelve. This one wants to buy from the third person. Okay; the third person sells cash for eleven, cash he wants to sell for twelve—for example—and the examples do not involve division or discussion. Okay; I am asking you, is this not an installment sale?
The questioner: Without doubt, it is installments.
The Shaykh: Then why did you tell me: I am not understanding you?
The questioner: Now I understand you.
The Shaykh: Okay; the previous question returns to you: Why are you asking about it since it is an installment sale?
The questioner: ... Your Eminence, the Shaykh, in my mind; that you find a person whose installment price that another sells at the cash price.
The Shaykh: Is this not a repetition of what we said?
Another questioner: ... The issue is just less profit, meaning.
The questioner: Our Shaykh, sorry, in the same issue, in the same thing... that this is installments, this is ten installments, not twelve, but the cash price of installments here is the one at twelve; excuse me, the cash price that is there, meaning, in another one, installments. One of our brothers claims that you permitted such a scenario.
The Shaykh: And what is it? Repeat to me...
The questioner: He came to housing, or a house, or a company, and wanted to buy a house; so this house is ten thousand cash and fifteen thousand on installments.
The Shaykh: Perfect.
The questioner: Days passed, circumstances occurred, and the cash price of this house became the installment price; so this scenario, he claims, you permitted for him.
The Shaykh: Was the installment price fifteen?
The questioner: Yes, and after a period, the installment price became ten.
The Shaykh: Ah, the opposite.
The questioner: This is my intention.
The Shaykh: The installments became at the price of ten.
The questioner: At the cash price.
The Shaykh: Cash.
The questioner: Yes.
The Shaykh: Okay; and the cash price?
Another questioner : ... .
The Shaykh: It did not mention it. Be patient, it did not mention it!
The questioner: ... Excuse me, O Shaykh.
The Shaykh: Sorry, we are for clarifying the Shari'ah... Okay; the installment price is lower, and we do not want it; excuse me, the cash price is lower, we do not want to enter into the details anymore, one thousand, two thousand, and so on, the important thing is that it is lower. Okay; what is this that I sought and permitted?
The questioner: The second scenario, perhaps with the last sentence eaten from...
The Shaykh: It is a problem!!
Al-Halabi: He is perhaps like this... Allah knows best.
The questioner: Yes, but...
The Shaykh: Yes, is this eating forbidden or lawful?
The questioner : It is forbidden.
The Shaykh: Okay; clarifying the answer.
The questioner : ... .
The Shaykh: It is not permissible, my brother.
: Perhaps the time has come, Abu 'Abdullah?
Another questioner: Ten and a half.
The Shaykh: Can you give them news?
Another questioner : Okay.
The Shaykh : Is the answer clear to you?
The questioner: Clarify the answer for me, our Shaykh.
The Shaykh : If Allah wills.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.