Is it permissible for me to buy a car from the bank for my brother in my name because he cannot afford to buy it?
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The questioner : He says: This sale is forbidden. So I don't know, what is your opinion, Shaykh?
The Shaykh : Why don't you ask him why? Why is the transaction forbidden? We say that dealing with the Islamic bank is not permissible in the first place.
The questioner: By Allah.
The Shaykh : Yes, by Allah, but I am surprised that the bank manager tells you this transaction is forbidden. Why didn't you ask him why it is forbidden?
The questioner : By Allah, I don't know. I am telling you, my intention was that I did not want to own the car. The car remains for my brother, but I wanted to take the money from the bank because my brother was not able to buy it. So I took it in my name, but the car is still owned by him. The intentions, I mean the intention... it is in my name officially, but I do not own it. I did this to help my brother.
The Shaykh : Help with what?
The questioner : Because he was not able to buy the car, so I bought it for him in my name, but I do not own the car. I mean, in terms of intention, I do not own it, but officially it is in my name.
The Shaykh : Yes, dealing with the bank is not permissible at all.
The questioner : It is not permissible.
The Shaykh : It is not permissible, no, because they take interest.
The questioner: Yes.
The Shaykh : They take riba (usury or interest).
The questioner: Yes.
The Shaykh : No, it is not permissible.
The questioner : Yes, meaning the basic idea is forbidden.
The Shaykh : The basic idea. Well done.
The questioner: Yes.
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : And is this method before the sale forbidden or permissible?
The Shaykh : What method?
The questioner : The one I did.
The Shaykh : Yes, what is the method exactly? Let's suppose now it is not a transaction with the bank.
The questioner: Yes.
The Shaykh : Suppose it is with, for example, a company.
The questioner : It is...
The Shaykh: All right.
The questioner : The price of the car was such that the people were not able to pay it to them, so I did not know that this method of sale was forbidden. I told you, let me go.
The Shaykh : Listen, my sister, now.
The questioner: Yes.
The Shaykh : What did your brother do?
The questioner : My brother told me, "Write the car." We went to the Islamic bank, me and him.
The Shaykh : No, no, I am telling you, leave the bank for now. Talk about the scenario if it happened with one of the companies.
The questioner : Let it be a scenario with a company.
The Shaykh : What did your brother do?
The questioner : He took the price of the car.
The Shaykh : From whom?
The questioner : From the company, on the basis that it was from the company. The company came and bought the car for him.
The Shaykh : How is this? I don't understand. A company like Toyota, for example.
The questioner : He did not buy it from the company; he bought it from a person, I mean.
The Shaykh : Let me be that person. Okay, he bought a car from me. Where did he get the money from?
The questioner : He borrowed it from people first.
The Shaykh: All right.
The questioner : Then I came and he told me he was not able to pay the people. I told him, let's go buy it from the bank and they will give you the price, and you complete... the Islamic bank.
The Shaykh : There is no power or strength except with Allah. Leave the bank now. We are talking to each other. Did you forget? I am telling you, for example, your brother bought the car from me.
The questioner : Yes, okay, he paid you the full price.
The Shaykh : Where did he get the price from?
The questioner : He borrowed it from people first.
The Shaykh : Okay, what did you do then?
The questioner : I went and bought it after he paid the price to this person. I paid the full amount for it.
The Shaykh : Okay, you bought it from him, from your brother.
The questioner : From my brother.
The Shaykh : And you paid him the price.
The questioner : And he took the money from me and paid those people.
The Shaykh : Yes.
The questioner : The car became in my name, but the intention is not in my name.
The Shaykh : Why is the intention not in your name?
The questioner : The operation was to help my brother; it was not for me. I did not want to own the car.
The Shaykh : Meaning the car is originally registered in his name.
The questioner : Yes.
The Shaykh : And it will remain in his name.
The questioner : It will remain in his name.
The Shaykh : So you helped your brother to fulfill his obligation.
The questioner: Yes.
The Shaykh : To fulfill the price of the car.
The questioner: Yes.
The Shaykh : Is there nothing else?
The questioner : No, he tells me, "It looks like this sale is forbidden because your intention was not to help him, I mean, to own the car. Your intention was to help your brother."
The Shaykh : I do not think this is something a person who understands would say.
The questioner : By Allah, this is what he said.
The Shaykh : But I am afraid there is something else.
The questioner : No, this is the thing I gave you.
The Shaykh : Okay, I am telling you now what I understood from you, and then I will tell you if there is something or not.
The questioner: All right.
The Shaykh : Listen, I am going to tell you, I will repeat to you what I understood from you.
The questioner: Go ahead.
The Shaykh : Do not interrupt me.
The questioner : I will not interrupt.
The Shaykh : Your brother bought the car from me for ten thousand.
The questioner: Correct.
The Shaykh : Okay, and he did not have these ten thousand, but he borrowed it from a person, right?
The questioner : Correct.
The Shaykh : Okay, when you learned that your brother was in debt, did you come and pay off these ten thousand for him?
The questioner : No, not like that.
The Shaykh : If it were.
The questioner : I went and said to someone else, not you, let's not talk about the bank. I said to someone else, "You buy the car for me from him and give me the money. Give us the expenses in cash for my brother. Do you understand how? I will write it for you and give it to you in writing."
The Shaykh : Yes, okay.
The questioner : Where do you give it to me?
The Shaykh : At the mosque on Friday.
The questioner : May Allah reward you with good, if Allah wills.
The Shaykh : You are welcome.
The questioner : You are welcome.
The Shaykh: Peace be upon you.
The Shaykh : Why don't you ask him why? Why is the transaction forbidden? We say that dealing with the Islamic bank is not permissible in the first place.
The questioner: By Allah.
The Shaykh : Yes, by Allah, but I am surprised that the bank manager tells you this transaction is forbidden. Why didn't you ask him why it is forbidden?
The questioner : By Allah, I don't know. I am telling you, my intention was that I did not want to own the car. The car remains for my brother, but I wanted to take the money from the bank because my brother was not able to buy it. So I took it in my name, but the car is still owned by him. The intentions, I mean the intention... it is in my name officially, but I do not own it. I did this to help my brother.
The Shaykh : Help with what?
The questioner : Because he was not able to buy the car, so I bought it for him in my name, but I do not own the car. I mean, in terms of intention, I do not own it, but officially it is in my name.
The Shaykh : Yes, dealing with the bank is not permissible at all.
The questioner : It is not permissible.
The Shaykh : It is not permissible, no, because they take interest.
The questioner: Yes.
The Shaykh : They take riba (usury or interest).
The questioner: Yes.
The Shaykh : No, it is not permissible.
The questioner : Yes, meaning the basic idea is forbidden.
The Shaykh : The basic idea. Well done.
The questioner: Yes.
The Shaykh: Yes.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : And is this method before the sale forbidden or permissible?
The Shaykh : What method?
The questioner : The one I did.
The Shaykh : Yes, what is the method exactly? Let's suppose now it is not a transaction with the bank.
The questioner: Yes.
The Shaykh : Suppose it is with, for example, a company.
The questioner : It is...
The Shaykh: All right.
The questioner : The price of the car was such that the people were not able to pay it to them, so I did not know that this method of sale was forbidden. I told you, let me go.
The Shaykh : Listen, my sister, now.
The questioner: Yes.
The Shaykh : What did your brother do?
The questioner : My brother told me, "Write the car." We went to the Islamic bank, me and him.
The Shaykh : No, no, I am telling you, leave the bank for now. Talk about the scenario if it happened with one of the companies.
The questioner : Let it be a scenario with a company.
The Shaykh : What did your brother do?
The questioner : He took the price of the car.
The Shaykh : From whom?
The questioner : From the company, on the basis that it was from the company. The company came and bought the car for him.
The Shaykh : How is this? I don't understand. A company like Toyota, for example.
The questioner : He did not buy it from the company; he bought it from a person, I mean.
The Shaykh : Let me be that person. Okay, he bought a car from me. Where did he get the money from?
The questioner : He borrowed it from people first.
The Shaykh: All right.
The questioner : Then I came and he told me he was not able to pay the people. I told him, let's go buy it from the bank and they will give you the price, and you complete... the Islamic bank.
The Shaykh : There is no power or strength except with Allah. Leave the bank now. We are talking to each other. Did you forget? I am telling you, for example, your brother bought the car from me.
The questioner : Yes, okay, he paid you the full price.
The Shaykh : Where did he get the price from?
The questioner : He borrowed it from people first.
The Shaykh : Okay, what did you do then?
The questioner : I went and bought it after he paid the price to this person. I paid the full amount for it.
The Shaykh : Okay, you bought it from him, from your brother.
The questioner : From my brother.
The Shaykh : And you paid him the price.
The questioner : And he took the money from me and paid those people.
The Shaykh : Yes.
The questioner : The car became in my name, but the intention is not in my name.
The Shaykh : Why is the intention not in your name?
The questioner : The operation was to help my brother; it was not for me. I did not want to own the car.
The Shaykh : Meaning the car is originally registered in his name.
The questioner : Yes.
The Shaykh : And it will remain in his name.
The questioner : It will remain in his name.
The Shaykh : So you helped your brother to fulfill his obligation.
The questioner: Yes.
The Shaykh : To fulfill the price of the car.
The questioner: Yes.
The Shaykh : Is there nothing else?
The questioner : No, he tells me, "It looks like this sale is forbidden because your intention was not to help him, I mean, to own the car. Your intention was to help your brother."
The Shaykh : I do not think this is something a person who understands would say.
The questioner : By Allah, this is what he said.
The Shaykh : But I am afraid there is something else.
The questioner : No, this is the thing I gave you.
The Shaykh : Okay, I am telling you now what I understood from you, and then I will tell you if there is something or not.
The questioner: All right.
The Shaykh : Listen, I am going to tell you, I will repeat to you what I understood from you.
The questioner: Go ahead.
The Shaykh : Do not interrupt me.
The questioner : I will not interrupt.
The Shaykh : Your brother bought the car from me for ten thousand.
The questioner: Correct.
The Shaykh : Okay, and he did not have these ten thousand, but he borrowed it from a person, right?
The questioner : Correct.
The Shaykh : Okay, when you learned that your brother was in debt, did you come and pay off these ten thousand for him?
The questioner : No, not like that.
The Shaykh : If it were.
The questioner : I went and said to someone else, not you, let's not talk about the bank. I said to someone else, "You buy the car for me from him and give me the money. Give us the expenses in cash for my brother. Do you understand how? I will write it for you and give it to you in writing."
The Shaykh : Yes, okay.
The questioner : Where do you give it to me?
The Shaykh : At the mosque on Friday.
The questioner : May Allah reward you with good, if Allah wills.
The Shaykh : You are welcome.
The questioner : You are welcome.
The Shaykh: Peace be upon you.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.