What is the ruling on two sales in one sale, and what is its description?
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The questioner : What is the ruling, O Shaykh, on two sales in one sale, and what is its description?
The Shaykh :Mishkat al-Masabih 2868 The scholars (may Allah have mercy on them) differed on the meaning of this hadith. One interpretation mentioned is that you say to this man: "This book is for ten cash, or for twenty in a year." This is two sales in one sale, meaning two prices in one contract. This interpretation is incorrect, because the sale here is one, is it not? But the price is optional; I say: take it for ten or twenty, and you will take it for what? For one of them, not for both. So this interpretation is incorrect.
The second interpretation: that two sales in one sale is the issue of 'inah, it is the issue of 'inah. And 'inah is: that you sell a commodity for a deferred price, and buy it back for less in cash. An example of that: you sold this car to a person for fifty thousand in a year, then you wanted to buy it for forty in cash, delivering to him, i.e., the forty. What is this? Two sales in one sale, i.e., in one item sold. The item sold is one, and it is the car. How many contracts were made upon it? How many contracts were made upon it? Two contracts: the first contract and the second contract. So this is two sales in one sale. For this reason, he said:Sunan Abi Dawud 3461Hasan (Al-Albani) What is the "awkas" in our example? What is the "awkas"? The lesser. Which one? The forty. We say: now, either you take from the one you bought from, at the completion of the year, the forty, or you will fall into riba. And it is not possible for the image of two sales in one sale to be true except in this case. And this is what the Shaykh al-Islam Ibn Taymiyyah (may Allah have mercy on him) established, and it is the truth upon reflection. Yes.
Did you understand, my brother? What remains for us is: sometimes a person sells a car for fifty in a year, then the car is displayed in the showroom. Is it permissible for him to buy it? I mean, is it permissible for the seller to buy it from the showroom? We say: if the owner who bought it sold it to the owner of the showroom, then you may buy it from the owner of the showroom, even for less. But if it is to be sold on behalf of the one who bought it from you, then it is not permissible for you to buy it for less than what you sold it for.
The questioner : And if he says to the owner of the showroom: "Buy it, and I will buy it from you"?
The Shaykh : It is not valid, because this is collusion for riba. Yes.
The questioner : Oh Shaykh
The Shaykh : Please go ahead.
The Shaykh :
God’s Messenger forbade two transactions combined in one
نهى النبي صلى الله عليه وسلم عن بيعتين في بيعةThe second interpretation: that two sales in one sale is the issue of 'inah, it is the issue of 'inah. And 'inah is: that you sell a commodity for a deferred price, and buy it back for less in cash. An example of that: you sold this car to a person for fifty thousand in a year, then you wanted to buy it for forty in cash, delivering to him, i.e., the forty. What is this? Two sales in one sale, i.e., in one item sold. The item sold is one, and it is the car. How many contracts were made upon it? How many contracts were made upon it? Two contracts: the first contract and the second contract. So this is two sales in one sale. For this reason, he said:
he should have the lesser of the two or it will involve usury
لَهُ أَوْكَسُهُما أو الرباDid you understand, my brother? What remains for us is: sometimes a person sells a car for fifty in a year, then the car is displayed in the showroom. Is it permissible for him to buy it? I mean, is it permissible for the seller to buy it from the showroom? We say: if the owner who bought it sold it to the owner of the showroom, then you may buy it from the owner of the showroom, even for less. But if it is to be sold on behalf of the one who bought it from you, then it is not permissible for you to buy it for less than what you sold it for.
The questioner : And if he says to the owner of the showroom: "Buy it, and I will buy it from you"?
The Shaykh : It is not valid, because this is collusion for riba. Yes.
The questioner : Oh Shaykh
The Shaykh : Please go ahead.