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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Continuing the discussion on installment sales, and that some of the early scholars permit it while some exploit this opinion in this age, and the Shaykh’s response to that

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The Shaykh : And so the scholars and the four Imams and others differed greatly in their acquisition of hadiths; some obtained what others did not, and this one obtained what that one did not, and so on. In the early period of the Imams, some said that installment sales are permissible, and that the price may be increased compared to cash sales. This opinion is now being exploited, and it is being used to turn away from the two hadiths we mentioned, which many of the scholars of the Salaf and the people of hadith, such as Sufyan al-Thawri, for example, an Imam among the Imams of the Muslims, adopted, and the people of the Sunnah, such as Imam al-Nasa'i and others, also adopted. He established a chapter on it in his book al-Sunan. And so, the point is that now many traders deal with this usurious transaction which the Messenger of Allah explicitly stated is riba. Here comes the role of the Islamic bank, which enters as an intermediary between the trader and the buyer. The buyer wants, for example, to buy a car with ten thousand or more or less. He goes to the Islamic bank, and they say, "Go, take any car, but give us its number and model, and so on." He then goes and contacts the company's agent and pays the price of the car in cash, and the installment price falls on the buyer. Here, the bank has committed two violations. The first violation is that it exploited that ruling which is based on the contradiction of the two hadiths. The second is that it deceived regarding the ruling by claiming that it is not the seller; the seller is the company. So it deceived regarding this ruling and inserted itself as an intermediary between the buyer and the trader. Instead of the trader taking this profit, if it were lawful... What did the bank do? The bank did what it should not have done. If the person who wants to buy the car went to the bank and said, "I want to buy the car for ten thousand, can you lend me ten thousand for a year, for example, and I will give you your profit?" They would say, "No, this is haram, and praise be to Allah, there is consensus on its prohibition, because it is a loan that yields benefit, and that is riba." If it goes around and around and they say, "Go, you buy it, and I will pay for you," what did it achieve? What I wanted... in cash for the buyer, it gave it to him through the roundabout way. And this is not permissible in Islam, because Allah the Mighty and Majestic has forbidden deception in the Shari'ah in the Qur'an when He related to us the story of the Jews to whom hunting was forbidden on the day of Saturday. A group of righteous people claimed they did not hunt on the day of Saturday, but what did they do? - Subhan Allah - the fish, which is an animal, but Allah the Mighty and Majestic implanted in it a type of understanding for its benefit, so the fish sensed that on the day of Saturday there was no one to disturb it, because the Jews do not hunt on the day of Saturday in accordance with the prohibition of Allah the Mighty and Majestic for them. So the fish would come in tons, and the Jews would drool at this sight. They endured as long as they could, then Satan whispered to them, "All these tons of fish in... and you do nothing on the day of Saturday, and on the day of Sunday you will find the hunting as it is." So Allah the Mighty and Majestic cursed them because they deceived, even though they did not hunt on the day of Saturday, but what they wanted to obtain on the day of Saturday, they obtained it in a greater way on the day of Sunday. This is an example related by our Lord the Mighty and Majestic in the Qur'an. Why? So that we, the Muslims, take heed and do not do as they did and not act as they acted. Therefore, he (peace and blessings be upon him) warned us not to follow their path in the hadith narrated by al-Bukhari from the narration of Abu Sa'id al-Khudri (may Allah be pleased with him), who said: The Messenger of Allah (peace and blessings be upon him) said:
You will surely follow the ways of those who were before you, span by span and cubit by cubit, and even if they were to enter into the hole of a scorpion, you would enter it too. لتتبعن سنن من كان قبلكم شبرا بشبر وذراعا بذراع حتى لو دخلوا جحر ضب لدخلتموه
Al-Mustadrak lil-Hakim 48:130
And in a narration in al-Sunan of al-Tirmidhi, which is serious and very serious, and in other Sunans as well, he (peace be upon him) said:
Even if there were among them someone who would have intercourse with his mother on the roadside, there would be among you someone who would do that. حتى لو كان فيهم من يأتي أمه على قارعة الطريق لكان فيكم من يفعل ذلك
And we see this today, what misguidance comes to us from the West, and we cling to it. Look now at the strange and odd phenomenon that has spread among Muslims, not only in their homes but also in their mosques: the spread of images. You stand praying on Friday and you find here a person wearing a shirt with a stamp or print on the back, "Oh beast, lion, hyena," and so on, or something more terrible than that, an image of a woman with her hair disheveled, and so on. You are praying and the idol is in front of you. How did this enter the homes of Muslims, the mosques of Muslims?
You will surely follow the ways of those who were before you, span by span and cubit by cubit, and even if they were to enter into the hole of a scorpion, you would enter it too. لتتبعن سنن من كان قبلكم شبرا بشبر وذراعا بذراع حتى لو دخلوا جحر ضب لدخلتموه
Al-Mustadrak lil-Hakim 48:130
So we are now deceiving regarding what Allah has forbidden, just as the Jews did. And this example mentioned by our Lord the Mighty and Majestic in the Qur'an has a second example. This first example, praise be to Allah, is very, very rare among the general Muslims, the issue that the Lord of the Worlds, Allah, forbade hunting on the day of Saturday, so they deceived. It is very rare among the general Muslims that one does not know this violation in which the Jews fell. But the following hadith, most Muslims are ignorant of it. He (peace be upon him) said:
Allah cursed the Jews; the fats were forbidden to them, so they rendered them into tallow and sold it, and they ate its price. And indeed, when Allah (Mighty and Majestic) forbids the eating of something, He forbids its price لعن الله اليهود حرمت عليهم الشحوم فجملوها ثم باعوها وأكلوا أثمانها وإن الله عز وجل إذا حرم أكل شيء حرم ثمنه
What is the meaning of the hadith? Allah cursed the Jews; the fats were forbidden to them. This prohibition mentioned by the Messenger (peace be upon him) in this hadith is mentioned in the Noble Qur'an. He the Exalted said:
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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