What is the ruling on gifts placed in merchandise to encourage purchasing?
Machine translationRead the Arabic original
The questioner : Encouraging merchandise by giving prizes.
The Shaykh : Is the merchandise scientific?
The questioner : There is non-scientific merchandise.
The Shaykh : Ah; this is different; I mean, the example the professor brought up here; it falls under your new statement now.
The questioner : In reality, regarding issues of merchandise, some companies, such as those that sell cars, give cards that allow for lottery draws; so some people win a car; there are also some promotional prizes that are taken directly; for example, you buy a pack of potatoes or chips.
The Shaykh : This is well known, Professor. I have been asked about this repeatedly, and my answer is as follows: These forms either fall under the category of *ju'alah* (reward for a service) or the category of gambling. To explain: the car that was the share of a certain person, which is worth, for example, four thousand dinars; if these four thousand dinars came out of the company's pocket, it is *ju'alah*. But if it came out of the pocket of the customers who buy the cars, it is gambling. In other words, the company was selling this car before this *ju'alah* appeared—let us call it that for now. It was selling the car of a certain model; let us assume for four thousand five hundred. When it pleased them to make the car a *ju'alah* for the owners of the share, they raised the price of the car by an amount that does not require them to spend a single coin from their own pocket. In other words, the four thousand five hundred became four thousand five hundred and fifty. The fifty from this car; and this car; what comes out of it? The value of the car displayed under the name of what? *Ju'alah*, or gift, or encouragement, or something similar. If this is the case, it is gambling; because you, Zayd, Bakr, and 'Amr are going to buy, and you are not going to get it out; another person gets it out, taking the car from your pocket, not from the company's pocket. The picture is clear. Likewise, we say about Pepsi and non-Pepsi, and many, many things. If these things that were made into gifts are truly from the company's pocket, as they claim, for the purpose of what? Promoting their merchandise; then this is from the category of *ju'alah*, and there is absolutely no problem with it. But if it is from the pocket of the customers and participants, and it is not necessary that the customers be those who bought individually; no, those who buy in bulk and sell in retail; then all of them at that time are gamblers participating in gambling, like the lotteries that they call today a lottery, but they call it by a name other than its true name. I think this is the answer...
The questioner : Does the presence of several companies selling the same item affect the ruling? Does this fall under *najsh* (collusive bidding) and selling to one another, and proposing the same idea of promotional prizes? Is this taken into consideration in the ruling, or is it not required...
The Shaykh : I do not think *najsh* is applicable here; as long as you say the price is one. If you want to say it is not *najsh*, you want to say it is *miza'adah* (bidding). First, this does not fall under *najsh*, because you know that *najsh* is: I come to buy a car from a person, and another person who has an agreement with the car owner increases the price falsely, so I am deceived by it. For example, he puts in an increase of ten dinars, and I say fifteen, and he is not buying; this is *najsh*, as is not hidden from you. But here, the bidding; also, the bidding here is not applicable either, because you say the price is limited; but they have put in these encouragements. So here, we have no new problem except the previous problem: is it *ju'alah* or is it gambling?
The questioner : I mean, the difference, my Shaykh, is that the increase in price was in the Pepsi bottle before the winner by ten qirsh, and if it increased here, the haram would be gambling; but if it did not increase, the situation remains as it is, halal?
The Shaykh: Yes.
The Shaykh : Is the merchandise scientific?
The questioner : There is non-scientific merchandise.
The Shaykh : Ah; this is different; I mean, the example the professor brought up here; it falls under your new statement now.
The questioner : In reality, regarding issues of merchandise, some companies, such as those that sell cars, give cards that allow for lottery draws; so some people win a car; there are also some promotional prizes that are taken directly; for example, you buy a pack of potatoes or chips.
The Shaykh : This is well known, Professor. I have been asked about this repeatedly, and my answer is as follows: These forms either fall under the category of *ju'alah* (reward for a service) or the category of gambling. To explain: the car that was the share of a certain person, which is worth, for example, four thousand dinars; if these four thousand dinars came out of the company's pocket, it is *ju'alah*. But if it came out of the pocket of the customers who buy the cars, it is gambling. In other words, the company was selling this car before this *ju'alah* appeared—let us call it that for now. It was selling the car of a certain model; let us assume for four thousand five hundred. When it pleased them to make the car a *ju'alah* for the owners of the share, they raised the price of the car by an amount that does not require them to spend a single coin from their own pocket. In other words, the four thousand five hundred became four thousand five hundred and fifty. The fifty from this car; and this car; what comes out of it? The value of the car displayed under the name of what? *Ju'alah*, or gift, or encouragement, or something similar. If this is the case, it is gambling; because you, Zayd, Bakr, and 'Amr are going to buy, and you are not going to get it out; another person gets it out, taking the car from your pocket, not from the company's pocket. The picture is clear. Likewise, we say about Pepsi and non-Pepsi, and many, many things. If these things that were made into gifts are truly from the company's pocket, as they claim, for the purpose of what? Promoting their merchandise; then this is from the category of *ju'alah*, and there is absolutely no problem with it. But if it is from the pocket of the customers and participants, and it is not necessary that the customers be those who bought individually; no, those who buy in bulk and sell in retail; then all of them at that time are gamblers participating in gambling, like the lotteries that they call today a lottery, but they call it by a name other than its true name. I think this is the answer...
The questioner : Does the presence of several companies selling the same item affect the ruling? Does this fall under *najsh* (collusive bidding) and selling to one another, and proposing the same idea of promotional prizes? Is this taken into consideration in the ruling, or is it not required...
The Shaykh : I do not think *najsh* is applicable here; as long as you say the price is one. If you want to say it is not *najsh*, you want to say it is *miza'adah* (bidding). First, this does not fall under *najsh*, because you know that *najsh* is: I come to buy a car from a person, and another person who has an agreement with the car owner increases the price falsely, so I am deceived by it. For example, he puts in an increase of ten dinars, and I say fifteen, and he is not buying; this is *najsh*, as is not hidden from you. But here, the bidding; also, the bidding here is not applicable either, because you say the price is limited; but they have put in these encouragements. So here, we have no new problem except the previous problem: is it *ju'alah* or is it gambling?
The questioner : I mean, the difference, my Shaykh, is that the increase in price was in the Pepsi bottle before the winner by ten qirsh, and if it increased here, the haram would be gambling; but if it did not increase, the situation remains as it is, halal?
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.