Is a bequest better, or is building a mosque better? And how should one dispose of the property of orphans? And is selling cars on credit permissible?
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The questioner : Shaykh, may Allah reward you with good. I have one-third of the wealth, and so on, meaning dirhams.
The Shaykh : Yes.
The Shaykh : By pooling them, meaning cars on credit.
The Shaykh : Yes.
The questioner : ... meaning, from the day I pay the dirhams and take the key, or is it sufficient if we move it, and is there profit in its value until between and after it, meaning, is zakat due on the capital after a lunar year, or whenever I receive something from it?
The Shaykh : First, may Allah bless you. Regarding these one-thirds that you have, did they specify something particular, or did they say it is up to your opinion?
The questioner : ... he passed away and left behind orphans ... we pooled it so that it would work for them, meaning.
The Shaykh : As for the one-third that they want for the sake of Allah, the best we see for it now is that it be used to build mosques. If it covers the full cost of building a mosque, that is what is required. If it does not cover it, then participate in it. This is for several reasons.
First: The reward of the mosque is in the night and the day. In the night and the day, people pray in it during the day and pray in it at night. Students of knowledge sit in it to review knowledge. The circles of the Qur'an also sit in it to recite the Book of Allah.
Second: There is comfort in it. Comfort for the person in his life and after his death. As long as a person is alive, he may perhaps do well in executing the one-third. But if he dies, that one-third may be destroyed, and no one may carry it out in the required manner.
Third: The mosque is where the rites of Islam are performed. The greatest pillar of Islam after the two testimonies is prayer, which is performed in it. The builder of the mosque receives from the reward of these praying people what they receive of reward. Therefore, it is better. For this reason, I advise every person who has wealth and wants to make a bequest with it to spend it on building mosques. It is more comfortable for him and his descendants, and so that there is no dispute or the one-third is destroyed later. As for the property of orphans, the property of orphans, of course, is not put into mosques. It is obligatory for the guardian to trade with it. He should trade with it if that is better. If it is not better, let it remain, praise be to Allah, and let it remain until they eat it and it is exhausted. And Allah provides for whom He wills without reckoning.
The questioner : Meaning, do not sell ... .
The Shaykh : Stay with me. And it may be in the interest that you participate in lands, for example, if the land has a future. Participate, and Allah brings the provision. Participate with a trustworthy person, for example, give him what is easy, and say: "So-and-so, take this, sell it, and buy. The profit is between us in halves, or quarters, or thirds." Yes. As for the issue of selling cars, I advise you not to enter into it. Do not breach your trust and have something forbidden eaten by others. Because most of the sale of used cars now, most of it is forbidden. You find him buying the car and selling it in its place, and buying the car and selling it to one who buys the second car, while he did not intend the car; he intended the increase. And this is riba, but it is a ruse. For this reason, it will be before you now ... the one-thirds, I see that you should spend them on building mosques and be at ease.
Second: The property of orphans. I see that you should dispose of it in a permissible manner and not approach what is forbidden. Because Allah says:[Al-An'am 6:152] And it is not among the best that you put him in a matter in which there is riba, that you eat their wealth by falsehood and harm them. Yes.
The questioner : Oh Shaykh, may Allah reward you with good. Meaning ... we do not approach it. I did not come to you ... .
The Shaykh : No, by Allah, do not approach it, my brother. Because, for example, I am a person who wants a car. He comes and says: "This such-and-such car, go and say: 'Okay, buy it, and I will pay the showroom and lend it to you.'" This is a ruse as clear as the sun.
The questioner : No, no, I do not give it because I am aware of this matter.
The Shaykh : Even if you are aware of the showroom, it remains upon you that you must bring it home and must transfer it to your name, and they do not do this. And some scholars say: This known loan is forbidden. They call it the issue of tawarruq. Ibn Taymiyyah (may Allah have mercy on him), the Shaykh of Islam, known and famous for his knowledge, jurisprudence, and trustworthiness, holds that it is forbidden.
The questioner : Even in this, oh Shaykh.
The Shaykh : Avoid it absolutely, and it will not come from you, if Allah wills, ever.
The questioner : May Allah reward you with good. There is a second question.
The Shaykh : No, a second question later.
The questioner : May Allah reward you with good.
The Shaykh : Yes.
The Shaykh : By pooling them, meaning cars on credit.
The Shaykh : Yes.
The questioner : ... meaning, from the day I pay the dirhams and take the key, or is it sufficient if we move it, and is there profit in its value until between and after it, meaning, is zakat due on the capital after a lunar year, or whenever I receive something from it?
The Shaykh : First, may Allah bless you. Regarding these one-thirds that you have, did they specify something particular, or did they say it is up to your opinion?
The questioner : ... he passed away and left behind orphans ... we pooled it so that it would work for them, meaning.
The Shaykh : As for the one-third that they want for the sake of Allah, the best we see for it now is that it be used to build mosques. If it covers the full cost of building a mosque, that is what is required. If it does not cover it, then participate in it. This is for several reasons.
First: The reward of the mosque is in the night and the day. In the night and the day, people pray in it during the day and pray in it at night. Students of knowledge sit in it to review knowledge. The circles of the Qur'an also sit in it to recite the Book of Allah.
Second: There is comfort in it. Comfort for the person in his life and after his death. As long as a person is alive, he may perhaps do well in executing the one-third. But if he dies, that one-third may be destroyed, and no one may carry it out in the required manner.
Third: The mosque is where the rites of Islam are performed. The greatest pillar of Islam after the two testimonies is prayer, which is performed in it. The builder of the mosque receives from the reward of these praying people what they receive of reward. Therefore, it is better. For this reason, I advise every person who has wealth and wants to make a bequest with it to spend it on building mosques. It is more comfortable for him and his descendants, and so that there is no dispute or the one-third is destroyed later. As for the property of orphans, the property of orphans, of course, is not put into mosques. It is obligatory for the guardian to trade with it. He should trade with it if that is better. If it is not better, let it remain, praise be to Allah, and let it remain until they eat it and it is exhausted. And Allah provides for whom He wills without reckoning.
The questioner : Meaning, do not sell ... .
The Shaykh : Stay with me. And it may be in the interest that you participate in lands, for example, if the land has a future. Participate, and Allah brings the provision. Participate with a trustworthy person, for example, give him what is easy, and say: "So-and-so, take this, sell it, and buy. The profit is between us in halves, or quarters, or thirds." Yes. As for the issue of selling cars, I advise you not to enter into it. Do not breach your trust and have something forbidden eaten by others. Because most of the sale of used cars now, most of it is forbidden. You find him buying the car and selling it in its place, and buying the car and selling it to one who buys the second car, while he did not intend the car; he intended the increase. And this is riba, but it is a ruse. For this reason, it will be before you now ... the one-thirds, I see that you should spend them on building mosques and be at ease.
Second: The property of orphans. I see that you should dispose of it in a permissible manner and not approach what is forbidden. Because Allah says:
And do not approach the orphan's property except in a way that is best
وَلا تَقْرَبُوا مَالَ الْيَتِيمِ إِلَّا بِالَّتِي هِيَ أَحْسَنُThe questioner : Oh Shaykh, may Allah reward you with good. Meaning ... we do not approach it. I did not come to you ... .
The Shaykh : No, by Allah, do not approach it, my brother. Because, for example, I am a person who wants a car. He comes and says: "This such-and-such car, go and say: 'Okay, buy it, and I will pay the showroom and lend it to you.'" This is a ruse as clear as the sun.
The questioner : No, no, I do not give it because I am aware of this matter.
The Shaykh : Even if you are aware of the showroom, it remains upon you that you must bring it home and must transfer it to your name, and they do not do this. And some scholars say: This known loan is forbidden. They call it the issue of tawarruq. Ibn Taymiyyah (may Allah have mercy on him), the Shaykh of Islam, known and famous for his knowledge, jurisprudence, and trustworthiness, holds that it is forbidden.
The questioner : Even in this, oh Shaykh.
The Shaykh : Avoid it absolutely, and it will not come from you, if Allah wills, ever.
The questioner : May Allah reward you with good. There is a second question.
The Shaykh : No, a second question later.
The questioner : May Allah reward you with good.