On the sale in tawarruq: If one intends to sell the commodity to another person at a lower price, what is the ruling?
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The questioner : In the name of Allah.
May Allah reward you, O Shaykh. In your book *Al-Mudayinah*, in the fifth section, we had the issue of tawarruq. Your answer, O Shaykh, was: "However, given the needs of people today and the scarcity of lenders, it should be said that it is permissible with conditions." The fourth condition was: that the borrower not sell it except after taking possession of it and holding it, because the Prophet (peace and blessings be upon him) forbade the sale of goods before the merchants take them into their possession. If these four conditions are met, then the position that the issue of tawarruq is permissible is appropriate, so that there is no hardship imposed on people. It should be known that it is not permissible for the borrower to sell it to the lender for less than what he paid for it. Now, the question, O Shaykh: If he intends to sell it to another person for less?
The Shaykh : Yes, the usual case in this is that if he sells it to another person, he sells it for less, without a doubt. This is because the lender may have raised its price due to the deferral of the price, for the sale of a present item is not like the sale of a deferred item. So he will not sell it except for less than its price, unless prices rise. For sometimes he buys it for fifty thousand deferred, and its present value is forty thousand. Then the price rises in two days or less until this car reaches sixty thousand cash. If that is the case, then there is no problem with that, do you understand?
The questioner : Yes, that is correct.
The Shaykh : Accordingly, we say: If he sells it to someone other than the one from whom he borrowed, he may sell it for less, and he may sell it for more, and he may sell it for the same amount he paid for it, according to the circumstances.
The questioner : O Shaykh, do you allow me a second question?
The Shaykh : No, I allow you a second question if your turn comes around a second time.
May Allah reward you, O Shaykh. In your book *Al-Mudayinah*, in the fifth section, we had the issue of tawarruq. Your answer, O Shaykh, was: "However, given the needs of people today and the scarcity of lenders, it should be said that it is permissible with conditions." The fourth condition was: that the borrower not sell it except after taking possession of it and holding it, because the Prophet (peace and blessings be upon him) forbade the sale of goods before the merchants take them into their possession. If these four conditions are met, then the position that the issue of tawarruq is permissible is appropriate, so that there is no hardship imposed on people. It should be known that it is not permissible for the borrower to sell it to the lender for less than what he paid for it. Now, the question, O Shaykh: If he intends to sell it to another person for less?
The Shaykh : Yes, the usual case in this is that if he sells it to another person, he sells it for less, without a doubt. This is because the lender may have raised its price due to the deferral of the price, for the sale of a present item is not like the sale of a deferred item. So he will not sell it except for less than its price, unless prices rise. For sometimes he buys it for fifty thousand deferred, and its present value is forty thousand. Then the price rises in two days or less until this car reaches sixty thousand cash. If that is the case, then there is no problem with that, do you understand?
The questioner : Yes, that is correct.
The Shaykh : Accordingly, we say: If he sells it to someone other than the one from whom he borrowed, he may sell it for less, and he may sell it for more, and he may sell it for the same amount he paid for it, according to the circumstances.
The questioner : O Shaykh, do you allow me a second question?
The Shaykh : No, I allow you a second question if your turn comes around a second time.