The Shaykh was asked about a question regarding installment sales.
Machine translationRead the Arabic original
The questioner : A man wants to buy a car. For example, the market price is ten thousand cash, and fifteen thousand dinars on installments. The man is careful not to fall into the sin of taking an installment sale, so he found a man selling him the car at a price between the two, meaning a reasonable price that is close to the cash price but higher than the cash price, in exchange for him giving him a portion of the price. This sale is very difficult to find from others. This man agreed to a portion of the price, and the rest on installments. If this man wanted to get this car on installments with this amount, he would find a larger amount. So the first scenario, O honorable...The Shaykh : And 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, where the man found it at a reasonable 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 you or not? ...
The questioner : Please repeat the words, O honorable...The Shaykh ؟
The Shaykh : You want me to repeat to you, and I corrected your words, and then you agreed to the correction, so why do you want to repeat the corrected version? ...
The questioner : I mean the intended scenario, O honorable...
The Shaykh ، ...
The Shaykh : The first scenario that you defined is the one where you said ten thousand cash and fifteen thousand on installments.
The questioner : This is the common practice.
The Shaykh : Listen, when you spoke, I spoke.
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, O honorable...The Shaykh .
The Shaykh : And when you speak, I speak so that the intended meaning is achieved, ... ; is it the first scenario, correct?
The questioner: Yes.
The Shaykh : 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, O honorable...The Shaykh .
The Shaykh : The second is the one with the lower price, correct? You, for example, did not name the percentage of the lower amount; but if I am explaining it to you now and you are listening to me.
The questioner : If Allah wills.
The Shaykh : This other scenario, if the cash price is ten thousand, then this second one will 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 it is permissible; so I told you it is permissible; you are asking about the other 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 that he would fall into the forbidden, correct?
The questioner: Yes.
The Shaykh : Okay, rest your mind and the minds of the attendees regarding the first scenario.
The questioner : If Allah wills.
The Shaykh : Good, we now have the other scenario, okay, we are going to reduce the profit which is above the cash, ten cash and eleven on installments, okay?
The questioner: Yes.
The Shaykh : Does this come out of being an installment sale?
The questioner: It does not come out.
The Shaykh : If so, why did you ask about the other scenario and not compare it to the first?
The questioner : Because, O honorable...The Shaykh : You find a person ...
The Shaykh : No, tell me why, what do you want to repeat your words, I understand you.
The questioner : No, this item that is worth ten thousand, you find another person selling it for eleven thousand, meaning at the cash price, cash for eleven thousand, this one 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, stay in your place, is this an installment sale or not?
The questioner : I don't understand you.
The Shaykh : No, by Allah, I understand how you are not understanding me ... I understood you, you are now able to picture for me three people, a person selling cash for ten and on installments for fifteen; a second person cash for ten and on installments for twelve; a third person for eleven cash and on installments for twelve, this one wants to buy from the third person, the third person sells cash for eleven, cash he wants to sell for twelve; for example, the examples do not have any division or discussion, I am asking you, is this not an installment sale?The questioner: Without doubt, it is installments.
The Shaykh : Okay, why did I say I don't understand you?
The questioner : Now I understand you ... .
The Shaykh : Okay, back to your previous question, why are you asking about it since it is an installment sale? ...
The Shaykh : ... and repeat the question to me.
The questioner : He came to a housing place 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, you claim that you permitted it for him.
The Shaykh : The installment price was fifteen.
The questioner : Yes, and after a period, the installment price became ten.
The Shaykh : Ah, it became the opposite, the installment became at the price of ten, at the cash price, okay, and the cash price is what she did not mention all along, rest your mind, she did not mention it.
The questioner : Lower, I did not mention it, excuse me, O my Shaykh.
The Shaykh : No problem, we are for the sake of clarifying the Shari'ah, okay, the cash price is lower, we don't want to go into the details, one thousand, two thousand, and so on, the important thing is lower, okay, what did I ask for and permit?
The questioner : The second scenario, perhaps with eating ... the last sentence of the second.
The Shaykh : It is a problem.
Al-Halabi : Ah, he perhaps threw it like that, Allah knows best.
The Shaykh : Is this eating forbidden or lawful?
The questioner : It is forbidden.
The Shaykh : Okay, the answer is clear ... the answer was clarified to you.
The questioner : Yes, the answer was clarified, O honorable...The Shaykh : And may Allah reward you with good.
The Shaykh : You mean the second scenario, not the first.
The questioner : The first scenario, where the man found it at a reasonable 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 you or not? ...
The questioner : Please repeat the words, O honorable...The Shaykh ؟
The Shaykh : You want me to repeat to you, and I corrected your words, and then you agreed to the correction, so why do you want to repeat the corrected version? ...
The questioner : I mean the intended scenario, O honorable...
The Shaykh ، ...
The Shaykh : The first scenario that you defined is the one where you said ten thousand cash and fifteen thousand on installments.
The questioner : This is the common practice.
The Shaykh : Listen, when you spoke, I spoke.
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, O honorable...The Shaykh .
The Shaykh : And when you speak, I speak so that the intended meaning is achieved, ... ; is it the first scenario, correct?
The questioner: Yes.
The Shaykh : 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, O honorable...The Shaykh .
The Shaykh : The second is the one with the lower price, correct? You, for example, did not name the percentage of the lower amount; but if I am explaining it to you now and you are listening to me.
The questioner : If Allah wills.
The Shaykh : This other scenario, if the cash price is ten thousand, then this second one will 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 it is permissible; so I told you it is permissible; you are asking about the other 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 that he would fall into the forbidden, correct?
The questioner: Yes.
The Shaykh : Okay, rest your mind and the minds of the attendees regarding the first scenario.
The questioner : If Allah wills.
The Shaykh : Good, we now have the other scenario, okay, we are going to reduce the profit which is above the cash, ten cash and eleven on installments, okay?
The questioner: Yes.
The Shaykh : Does this come out of being an installment sale?
The questioner: It does not come out.
The Shaykh : If so, why did you ask about the other scenario and not compare it to the first?
The questioner : Because, O honorable...The Shaykh : You find a person ...
The Shaykh : No, tell me why, what do you want to repeat your words, I understand you.
The questioner : No, this item that is worth ten thousand, you find another person selling it for eleven thousand, meaning at the cash price, cash for eleven thousand, this one 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, stay in your place, is this an installment sale or not?
The questioner : I don't understand you.
The Shaykh : No, by Allah, I understand how you are not understanding me ... I understood you, you are now able to picture for me three people, a person selling cash for ten and on installments for fifteen; a second person cash for ten and on installments for twelve; a third person for eleven cash and on installments for twelve, this one wants to buy from the third person, the third person sells cash for eleven, cash he wants to sell for twelve; for example, the examples do not have any division or discussion, I am asking you, is this not an installment sale?The questioner: Without doubt, it is installments.
The Shaykh : Okay, why did I say I don't understand you?
The questioner : Now I understand you ... .
The Shaykh : Okay, back to your previous question, why are you asking about it since it is an installment sale? ...
The Shaykh : ... and repeat the question to me.
The questioner : He came to a housing place 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, you claim that you permitted it for him.
The Shaykh : The installment price was fifteen.
The questioner : Yes, and after a period, the installment price became ten.
The Shaykh : Ah, it became the opposite, the installment became at the price of ten, at the cash price, okay, and the cash price is what she did not mention all along, rest your mind, she did not mention it.
The questioner : Lower, I did not mention it, excuse me, O my Shaykh.
The Shaykh : No problem, we are for the sake of clarifying the Shari'ah, okay, the cash price is lower, we don't want to go into the details, one thousand, two thousand, and so on, the important thing is lower, okay, what did I ask for and permit?
The questioner : The second scenario, perhaps with eating ... the last sentence of the second.
The Shaykh : It is a problem.
Al-Halabi : Ah, he perhaps threw it like that, Allah knows best.
The Shaykh : Is this eating forbidden or lawful?
The questioner : It is forbidden.
The Shaykh : Okay, the answer is clear ... the answer was clarified to you.
The questioner : Yes, the answer was clarified, O honorable...The Shaykh : And may Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.