What is the ruling on a person who is told, “I will sell you my farm, and then you will sell it to my eldest son so that he can bring in workers,” and then it becomes clear to this intermediary that the man intends to gift the farm?
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The questioner : A man said to one of his acquaintances: “I want to sell you this farm, and then you will sell it to my eldest son so that he can bring in workers who will benefit from it.”
The Shaykh : Repeat, repeat.
The questioner : A man said to one of his acquaintances: “I want to sell you this farm, and then you will sell it to my eldest son so that he can bring in workers.” When this intermediary did so, it became clear to him that this relative intended to gift this farm to the exclusion of his other sons, meaning: he deceived him. So what is the obligation of this intermediary, given that he has an interest with this man?
The Shaykh : It is not permissible for a person, if he knows that someone is using his transaction to reach something forbidden, to transact with him, because if he transacts with him, it falls under the category of cooperating in sin and aggression, and Allah has forbidden that. But why does this man not have the courage to sell it directly to his son without an intermediary? And if he sells it to his son at the market price, there is nothing wrong with that.
The questioner : To the exclusion of his other sons?
The Shaykh : Yes?
The questioner : To the exclusion of his other sons?
The Shaykh : Yes, to the exclusion of his other sons, there is no obstacle. For example, if a person has a car and multiple sons, and he wants to sell the car to one of the sons at its market price, there is nothing wrong with that.
As for a nominal sale, it is not permissible, because a scheme to reach something forbidden makes the forbidden matter more sinful.
The questioner : And the intermediary, O Shaykh?
The Shaykh : It is not permissible. I told you it is not permissible to act as an intermediary.
The questioner : ...
The Shaykh : Meaning, he has already done it?
The questioner : Yes.
The Shaykh : He must repent to Allah (Mighty and Majestic), and he must advise the man who asked him to be an intermediary and warn him of Allah (Mighty and Majestic). Yes.
The Shaykh : Repeat, repeat.
The questioner : A man said to one of his acquaintances: “I want to sell you this farm, and then you will sell it to my eldest son so that he can bring in workers.” When this intermediary did so, it became clear to him that this relative intended to gift this farm to the exclusion of his other sons, meaning: he deceived him. So what is the obligation of this intermediary, given that he has an interest with this man?
The Shaykh : It is not permissible for a person, if he knows that someone is using his transaction to reach something forbidden, to transact with him, because if he transacts with him, it falls under the category of cooperating in sin and aggression, and Allah has forbidden that. But why does this man not have the courage to sell it directly to his son without an intermediary? And if he sells it to his son at the market price, there is nothing wrong with that.
The questioner : To the exclusion of his other sons?
The Shaykh : Yes?
The questioner : To the exclusion of his other sons?
The Shaykh : Yes, to the exclusion of his other sons, there is no obstacle. For example, if a person has a car and multiple sons, and he wants to sell the car to one of the sons at its market price, there is nothing wrong with that.
As for a nominal sale, it is not permissible, because a scheme to reach something forbidden makes the forbidden matter more sinful.
The questioner : And the intermediary, O Shaykh?
The Shaykh : It is not permissible. I told you it is not permissible to act as an intermediary.
The questioner : ...
The Shaykh : Meaning, he has already done it?
The questioner : Yes.
The Shaykh : He must repent to Allah (Mighty and Majestic), and he must advise the man who asked him to be an intermediary and warn him of Allah (Mighty and Majestic). Yes.