Continuation of the discussion on the hadith (Whoever sells two sales in one sale) and the ruling on installment sales.
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The Shaykh : Sunan Abi Dawud 3461Hasan (Al-Albani); This is the hadith of Abu Hurayrah, and the hadith of Ibn Mas'ud: Muwatta Malik 31:74. So one is a corroborating narration for the other, but each of the two hadiths contains a benefit not found in the other. As for the hadith of Abu Hurayrah, it contains the transmitted cause, where he (peace be upon him) said in the completion of the hadith: Sunan Abi Dawud 3461Hasan (Al-Albani); "The lesser of the two" means the one with the lower price, as is clear. Otherwise, if he took the greater of the two, he would have taken riba. Sunan Abi Dawud 3461Hasan (Al-Albani); This hadith gives us another benefit besides the cause explicitly mentioned in it, which is that it is a cause of riba. The other benefit is: that the sale is valid and the increase is invalid. As for those who interpret the hadith of Ibn Mas'ud, "He forbade two sales in one sale," as being due to the ambiguity of the price, they first attribute a cause, as we mentioned earlier, that contradicts the cause explicitly mentioned in the hadith of Abu Hurayrah. Second, they invalidate the sale, whereas the hadith of Abu Hurayrah validates it and does not invalidate it, but invalidates the increase. Then, supporting the hadith of Abu Hurayrah, there is a narration from Ibn Mas'ud—this narration is mawquf (stopping at him)—where he said, "A transaction in two transactions is riba." So, we take the explicitly mentioned cause; at the very least, we prefer it and support it over the cause for which no text has come, first because it contradicts the explicitly mentioned cause, second, and finally because it is a cause that does not occur in people's dealings, especially today. If we look at the one who bought a car on an installment basis, where is the ambiguity of the price? After the back and forth and the increase on the cash price to the final installment price, the merchant finalized it, then wrote it in his account book and wrote what they call promissory notes, and so on. How can it be said that they separated on an unknown price: is it the cash price or the deferred price? This does not actually match the reality of installment sales today at all. In fact, I say it did not match it in the old times either, before the existence of notes and promissory notes and the like. The proof is that if a man came wanting to buy a camel or a sheep or the like for two prices, they would separate on one of the two sales. If he paid the price in cash, the price was determined and the issue ended. If they parted without him paying in cash, it is self-evident that they parted on the installment price (the deferred price). So where is the ambiguity of the price? It is completely absent. Finally, the research on this is long and very long. I want to draw attention to the fact that this transaction, namely installment sales, is foreign to Islam. It is foreign to Islamic transactions. It is a foreign, Western transaction from peoples whom Allah (Blessed and Exalted is He) described in the Noble Qur'an as: [At-Tawbah 9:29]. These people do not forbid or permit, and because of our blind imitation of these disbelievers, we preferred and found easy installment sales. And indeed, it serves the interests of people, but it is not based on the rejected principle in Islam (their saying: "The end justifies the means"). What I want to remind you of is that installment sales have removed mercy and compassion from the hearts of the rich toward the poor. It was possible for all merchants to earn great rewards and merit while earning lawful money, especially since this lawful earning, along with the great reward and merit from Allah, is more beneficial for them in this world, let alone the hereafter. How is that? It has come in some authentic hadiths from the Prophet (peace and blessings be upon him): . A loan of two hundred dinars is equal to a charity of one hundred dinars. If you lend your Muslim brother two hundred dinars, it is as if you gave charity of one hundred dinars. So if the merchants whom Allah has expanded in wealth sold at the cash price for installments and did not take an increase over the cash sale, and were patient in fulfilling their obligations to their Muslim brothers for the sake of Allah (Mighty and Majestic), not for the sake of the increase which the Messenger explicitly named riba, but to draw near to Allah (Blessed and Exalted is He), then consider how much charity would be available to them every day without them giving charity except by selling at the cash price for installments. They would collect thousands of charities in a day without having given charity. This is from the perspective of the hereafter. As for this world, look with me now at this divine secret: He wants the Muslim not to profit from his Muslim brother by exploiting his need more than the seller benefits from the rich. If you imagine with me two merchants selling the same goods. One sells at one price, with no difference for him between the cash price and the installment price. The other takes an increase on the installment sale. Which of the two men will sell his goods faster?
Al-Huwaini: The first one.
The Shaykh : Tell me with knowledge. Two merchants, both selling the same goods, and their prices for installments are the same, but one, when selling on installments, sells at the same cash price, while the other takes an increase. Do the customers increase for the first one or the second one?
The questioner : For the first one.
The Shaykh : For the first one. So why don't people sell at one price, where the installment price is the same as the cash price? That is greed and avarice, first. Then, it is a desire to avoid the reward of the hereafter that we mentioned earlier. If, for example, he wanted to sell at the installment price with an increase of, say, one thousand riyals, and he did not take this increase, what would be written for him? A charity of five hundred riyals would be written for him like this, because he sold to him and was patient with him in fulfilling the obligation. So the reward that the merchant earns if he sells at one price and does not take the increase is better for him in this world and the hereafter. But first is greed and avarice, and second is our imitation of the Europeans, whom the Lord of the Worlds described, as we mentioned earlier, in the Noble Qur'an:[At-Tawbah 9:29]. And because of this bad transaction that has crept in among merchants today, it has been one of the causes that weakened the trust and the bond that existed in past times between the rich and the poor. And this kind of control is what generates explosions and generates communist parties and the like, which overthrew the rich so that they would finally return as great and small poor people. That is a cause for those who do not stand by what Allah (Mighty and Majestic) has commanded of justice and excellence, and the good treatment of Muslims toward one another. Perhaps this is sufficient, and praise be to Allah, the Lord of the Worlds.
The Shaykh : Straighten your rows, for straightening the rows is part of the perfection of the prayer. Line up tightly and do not leave gaps for Shaytan. Move forward there at the end... Do not stretch your heads. Look to the right and left as you are. Move forward until you see the one behind the imam. Move forward, the one who is speaking, move forward, those on your left... Dervishes... Oh Allah.
Leading the prayerThe Shaykh : For the worshippers.
The Shaykh : All right, please go ahead.
The questioner: His EminenceThe Shaykh : Before reading the questions, we would like to complete the last issue.
The Shaykh : Which one?
The questioner :
The Shaykh : Please go ahead.
The questioner : The sale is a binding contract. And if he says, "I bought this for such-and-such in cash" or "for such-and-such on credit," the sale will be binding in one sale. But if we apply the hadith to 'inah sales—for example, he buys for such-and-such on credit and I sell in cash, and I sell in cash and he buys on credit—here there are two binding sales in one sale. So does he take the lesser of the two or the riba?
The Shaykh : Who interpreted it this way?
The questioner : The one who interpreted it with your interpretation, may you be respected.The Shaykh ... .
The Shaykh : Who interpreted it with your interpretation? That is, who applied the hadith to 'inah sales?
The questioner : Do you mean you are asking which of the scholars?
The Shaykh : I also mentioned to you which of the scholars interpreted it with the interpretation you heard from me earlier. Our interpretation is Salafi, and your interpretation is Khalafi. And this is sufficient for us, as it is said:
"This difference between us is sufficient, and every vessel emits what is in it."
But I know that you are a Salafi like me, are you not?
The questioner : I hope so.
The Shaykh : And I hope so with you. So why do we leave the interpretation of the Salaf? And from the narrator who narrates the hadith directly, why do we leave him?
This is in addition to everything we have mentioned regarding the fact that installment sales involve exploiting the pressing need of the weak and incapable person who cannot pay the price in cash. It also accustoms merchants to material greed and turning away from the reward of the Hereafter. This is a very significant difference between this interpretation and that interpretation. I recall that among the wisdoms narrated in some of the divine books—though the chain of narration is not of concern to us here, as we are speaking of wisdom—they said: "Jesus (peace be upon him) once admonished the disciples and told them that prophets would come after him, and that a Messenger named Ahmad would come after them, who would be the last of the messengers to be sent." They asked him: "How will we distinguish the truthful from the liar?" He answered: "You will know them by their fruits." So, we distinguish one statement from another by its result and outcome. If it is said that installment sales are permissible and that an increase is taken in exchange for this patience in fulfilling the payment, it contains what we have referred to regarding accustoming merchants to greed and avarice, and exploiting the need of the weak who cannot pay the price of their need except with a price. It also contains, as we mentioned previously, that the merchant, who usually does not devote himself to the worship of Allah and His remembrance as do the non-merchants who are free to devote themselves to the remembrance and worship of Allah. Allah (Mighty and Majestic) has created for these merchants the opportunity to earn wages, as they say in some Syrian countries—like the saw that cuts both ways. So, he is not sitting to remember Allah, send blessings upon His Prophet, and recite the Qur'an, because he is not free to do so; rather, he is devoted to buying and selling. There is nothing wrong with that, as it is permissible, but He has opened for him the way to earn good deeds that those who are devoted to worship, such as the poor and the needy, cannot attain. This is by being patient in fulfilling the sale to those who buy goods from him, so that for every two dirhams, a charity of one dirham is recorded for him, and so on. Therefore, the fruit of this statement is more beneficial for the Muslim community than to invalidate the indication of this hadith that the intended meaning of "two sales in one sale" is: I say this is for such-and-such in cash, and this is for such-and-such on credit. I say this, whereas you, following those I referred to earlier, interpret it as the sale of 'inah. As for the sale of 'inah, it is sufficient for us to know the prohibition of it in his (peace and blessings be upon him) saying:Sunan Abi Dawud 3462Sahih (Al-Albani). In conclusion, I do not want to oppose you to what I am warning you against, and I do not want to argue with you; just as I do not want you to argue with me. I have mentioned what I have of inferior merchandise; if it pleases you, praise be to Allah, and if not, let one look for merchandise that is better for him than that.
If anyone makes two transactions combined in one bargain
من باع بيعتين في بيعةforbade two sales in one sale
نهى عن بيعتين في بيعةIf 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 الرباIf 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 رباand who do not consider unlawful what Allah and His Messenger have made unlawful and who do not adopt the religion of truth from those who were given the Scripture
لَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُ وَلَا يَدِينُونَ دِينَ الْحَقِّ مِنَ الَّذِينَ أُوتُوا الْكِتَابَThat lending two dirhams is equivalent to the charity of one dirham.
أن قرض درهمين يساوي صدقة درهمAl-Huwaini: The first one.
The Shaykh : Tell me with knowledge. Two merchants, both selling the same goods, and their prices for installments are the same, but one, when selling on installments, sells at the same cash price, while the other takes an increase. Do the customers increase for the first one or the second one?
The questioner : For the first one.
The Shaykh : For the first one. So why don't people sell at one price, where the installment price is the same as the cash price? That is greed and avarice, first. Then, it is a desire to avoid the reward of the hereafter that we mentioned earlier. If, for example, he wanted to sell at the installment price with an increase of, say, one thousand riyals, and he did not take this increase, what would be written for him? A charity of five hundred riyals would be written for him like this, because he sold to him and was patient with him in fulfilling the obligation. So the reward that the merchant earns if he sells at one price and does not take the increase is better for him in this world and the hereafter. But first is greed and avarice, and second is our imitation of the Europeans, whom the Lord of the Worlds described, as we mentioned earlier, in the Noble Qur'an:
do not consider unlawful what Allah and His Messenger have made unlawful
لَا يُحَرِّمُونَ مَا حَرَّمَ اللَّهُ وَرَسُولُهُThe Shaykh : Straighten your rows, for straightening the rows is part of the perfection of the prayer. Line up tightly and do not leave gaps for Shaytan. Move forward there at the end... Do not stretch your heads. Look to the right and left as you are. Move forward until you see the one behind the imam. Move forward, the one who is speaking, move forward, those on your left... Dervishes... Oh Allah.
Leading the prayerThe Shaykh : For the worshippers.
The Shaykh : All right, please go ahead.
The questioner: His EminenceThe Shaykh : Before reading the questions, we would like to complete the last issue.
The Shaykh : Which one?
The questioner :
Whoever sells two sales in one sale, he has the lesser of the two or usury.
من باع بيعتين في بيعه واحدة فله أوكسهما أو الرباThe Shaykh : Please go ahead.
The questioner : The sale is a binding contract. And if he says, "I bought this for such-and-such in cash" or "for such-and-such on credit," the sale will be binding in one sale. But if we apply the hadith to 'inah sales—for example, he buys for such-and-such on credit and I sell in cash, and I sell in cash and he buys on credit—here there are two binding sales in one sale. So does he take the lesser of the two or the riba?
The Shaykh : Who interpreted it this way?
The questioner : The one who interpreted it with your interpretation, may you be respected.The Shaykh ... .
The Shaykh : Who interpreted it with your interpretation? That is, who applied the hadith to 'inah sales?
The questioner : Do you mean you are asking which of the scholars?
The Shaykh : I also mentioned to you which of the scholars interpreted it with the interpretation you heard from me earlier. Our interpretation is Salafi, and your interpretation is Khalafi. And this is sufficient for us, as it is said:
"This difference between us is sufficient, and every vessel emits what is in it."
But I know that you are a Salafi like me, are you not?
The questioner : I hope so.
The Shaykh : And I hope so with you. So why do we leave the interpretation of the Salaf? And from the narrator who narrates the hadith directly, why do we leave him?
This is in addition to everything we have mentioned regarding the fact that installment sales involve exploiting the pressing need of the weak and incapable person who cannot pay the price in cash. It also accustoms merchants to material greed and turning away from the reward of the Hereafter. This is a very significant difference between this interpretation and that interpretation. I recall that among the wisdoms narrated in some of the divine books—though the chain of narration is not of concern to us here, as we are speaking of wisdom—they said: "Jesus (peace be upon him) once admonished the disciples and told them that prophets would come after him, and that a Messenger named Ahmad would come after them, who would be the last of the messengers to be sent." They asked him: "How will we distinguish the truthful from the liar?" He answered: "You will know them by their fruits." So, we distinguish one statement from another by its result and outcome. If it is said that installment sales are permissible and that an increase is taken in exchange for this patience in fulfilling the payment, it contains what we have referred to regarding accustoming merchants to greed and avarice, and exploiting the need of the weak who cannot pay the price of their need except with a price. It also contains, as we mentioned previously, that the merchant, who usually does not devote himself to the worship of Allah and His remembrance as do the non-merchants who are free to devote themselves to the remembrance and worship of Allah. Allah (Mighty and Majestic) has created for these merchants the opportunity to earn wages, as they say in some Syrian countries—like the saw that cuts both ways. So, he is not sitting to remember Allah, send blessings upon His Prophet, and recite the Qur'an, because he is not free to do so; rather, he is devoted to buying and selling. There is nothing wrong with that, as it is permissible, but He has opened for him the way to earn good deeds that those who are devoted to worship, such as the poor and the needy, cannot attain. This is by being patient in fulfilling the sale to those who buy goods from him, so that for every two dirhams, a charity of one dirham is recorded for him, and so on. Therefore, the fruit of this statement is more beneficial for the Muslim community than to invalidate the indication of this hadith that the intended meaning of "two sales in one sale" is: I say this is for such-and-such in cash, and this is for such-and-such on credit. I say this, whereas you, following those I referred to earlier, interpret it as the sale of 'inah. As for the sale of 'inah, it is sufficient for us to know the prohibition of it in his (peace and blessings be upon him) saying:
When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
إذا تبايعتم بالعينة، وأخذتم أذناب البقر، ورضيتم بالزرع، وتركتم الجهاد -في سبيل الله- سلط الله عليكم ذلاً لا ينزعه عنكم حتى ترجعوا إلى دينكم
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
