Is it permissible to buy a car on installment, with the intention of immediately selling this car to another person because I am in need?
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The questioner : Is it permissible to buy a car on installment, with the intention of immediately selling this car to another person because I am in need? I ask for your guidance, may you be rewarded.
The Shaykh : Some scholars hold that this is not permissible. Among them is Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), who said: This is a stratagem to take dirhams for dirhams with a difference in amount, but this car is inserted between them so that the appearance of the contract is a valid contract.
Some scholars have permitted it, saying: If the seller sells to the buyer, he is only selling him this car, and the buyer is free to sell it and benefit from its price, or keep it and benefit from its rental income, or keep it to use it, or keep it if he needs it; if he sells it, fine, otherwise it remains.
In any case, the person who is sincere to himself should avoid this transaction unless dire necessity calls for it, such as not finding anyone to lend him money or to give him a forward sale (salam) by paying him dirhams and saying: These dirhams, give me a car with them after the completion of the year, and describing it to him. This forward sale is permissible because the Companions used to do it with fruits when the Prophet (peace and blessings be upon him) arrived in Madinah, and they were making forward sales in fruits for one year or two years. He said:Mishkat al-Masabih 2883.
Accordingly, if it becomes difficult for him to find someone to lend him money or to pay him dirhams as a forward sale, I hope there is no harm in that if he is in need of it. However, he must not sell it to the person who bought it from him, because if he sells it to the person who bought it from him, it becomes a case of 'inah (buy-back sale). For example, if he buys the item from him for one thousand to be paid in a year, and then buys it for eight hundred in cash, this is not permissible because it is a stratagem for selling with usury (riba). The Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 3461Hasan (Al-Albani) Yes.
The questioner : We conclude this episode with a question from the listener Ali Ahmad from Yemen, who says: O honorable Shaykh, I...
The Shaykh : Some scholars hold that this is not permissible. Among them is Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him), who said: This is a stratagem to take dirhams for dirhams with a difference in amount, but this car is inserted between them so that the appearance of the contract is a valid contract.
Some scholars have permitted it, saying: If the seller sells to the buyer, he is only selling him this car, and the buyer is free to sell it and benefit from its price, or keep it and benefit from its rental income, or keep it to use it, or keep it if he needs it; if he sells it, fine, otherwise it remains.
In any case, the person who is sincere to himself should avoid this transaction unless dire necessity calls for it, such as not finding anyone to lend him money or to give him a forward sale (salam) by paying him dirhams and saying: These dirhams, give me a car with them after the completion of the year, and describing it to him. This forward sale is permissible because the Companions used to do it with fruits when the Prophet (peace and blessings be upon him) arrived in Madinah, and they were making forward sales in fruits for one year or two years. He said:
Those who pay in advance for anything must do so for a specified measure and weight with a specified time fixed.
من أسلف في شيء فليُسلف في كيل معلوم، ووزن معلوم، إلى أجل معلومAccordingly, if it becomes difficult for him to find someone to lend him money or to pay him dirhams as a forward sale, I hope there is no harm in that if he is in need of it. However, he must not sell it to the person who bought it from him, because if he sells it to the person who bought it from him, it becomes a case of 'inah (buy-back sale). For example, if he buys the item from him for one thousand to be paid in a year, and then buys it for eight hundred in cash, this is not permissible because it is a stratagem for selling with usury (riba). The Prophet (peace and blessings be upon him) said:
If 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 أوْكسهما أو الرباThe questioner : We conclude this episode with a question from the listener Ali Ahmad from Yemen, who says: O honorable Shaykh, I...