What is the ruling on the new financing system where, if someone wants to buy a house, he goes to them and tells them that he wants to buy this house and that it is
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The questioner : The second issue is the other part of the financing system. For example, a person wants to buy a house, and the price of the house is one hundred thousand riyals. He goes to them and says, "There is a house I want to buy. It is good, and its price is currently listed for sale at one hundred thousand riyals." They go and appraise the house. If they find that its price is actually appropriate, they go and buy the house, and it becomes their property. They do not obligate the person who came to them, or bind him with papers, a deposit, or anything to buy from them. Rather, they buy it and bring it into their ownership. Then he comes to them later, and they sell him the same house for one hundred and ten thousand, but on installments. Is this form permissible, as if they sold him the item for one hundred and ten thousand and made a profit of ten thousand?
The Shaykh : My brother, this is a somewhat strange question. May Allah reward you.
The questioner : This is the reality, by Allah, O Shaykh.
The Shaykh : My brother, be patient if there is no other way.
The questioner : Now there are companies.
The Shaykh : Listen, my brother. May Allah guide you. Listen.
The questioner: Yes.
The Shaykh : I am telling you, this is a strange question. You are telling me it is the reality. I am asking you now, what is trade, and why does the Muslim trader trade? Is it not to buy a need for one hundred and sell it for more than one hundred?
The questioner: Yes.
The Shaykh : So what is the motive for such a question? Do you mean, from these people—and I am saying this with reservation—if there is not, as I said earlier regarding the Kuwaiti trader, if there is no twisting and turning and deception regarding the rulings, then I say this is buying and selling. Trade is not conceivable except as one person buying a need for a price and selling it for more. So I do not know what is behind this question.
The questioner : I am telling you, I will tell you what is behind the question. What is behind the question is that the one performing the transaction is the same installment department in the same company I mentioned earlier regarding cars. And the reason for the increase is not because, for example, he actually bought it from you—meaning, in the hearts of people—he bought it for one hundred and sold it to you for one hundred and ten. No, it is because he is selling it to you on credit.
The Shaykh : How do you mean, because he sells it on credit?
The questioner : I mean, you go and tell them, "I want this house on installments." This is the reality. This is the state of affairs.
The Shaykh : Now, O Muhammad, I am asking you a question, O Muhammad.
The questioner : On installments for one hundred thousand.
The Shaykh : O Muhammad.
The questioner : ... They went and bought it for one hundred thousand.
The Shaykh: There is no power nor strength except with Allah.
The questioner : And they sold it to you on installments for one hundred and twenty thousand.
The Shaykh : There is no power and no strength except by Allah, O Muhammad Tahlaawi!
The questioner: Yes.
The Shaykh : Why are you wandering away from me? I am shouting at you twice, three times.
The questioner: Yes.
The Shaykh : Did I not tell you that this commercial transaction—these traders do not buy at a price except to sell for more? So the question is strange, and I told you, except if there is deception. So why are you prolonging the speech with me?
The questioner : Excuse me, I am sorry, O Shaykh.
The Shaykh: Yes, may Allah bless you.
The questioner : I smell deception in this matter.
The Shaykh : So the matter is finished. I have given you the answer.
The questioner : I mean, because the increase they put in is the same as the prevailing interest rate. They lower it for you. It is over three years.
The Shaykh : It does not concern me. It does not concern me. These details are not important. The important thing is that you take the answer and the matter is finished.
The questioner : I mean, as long as the form is that they say something in their discussion with them: "As long as I did not obligate you when you came to me to buy the house for you, if I did not buy it for you specifically to install it for you, and I bought it for myself and then sold it to you, the transaction is valid, even if our purpose in buying was for installments."
The Shaykh : So, when one deals with the other in open riba, is he forced?
The questioner: No.
The Shaykh : So does it mean it is permissible?
The questioner : By Allah, I am asking you, O Shaykh.
The Shaykh : I have answered you. May Allah guide you. I have answered you.
The questioner : They say that if you went to obligate me...
The Shaykh : O Shaykh Muhammad, may Allah guide you. You have tired me for nothing.
The questioner : Yes, I am sorry.
The Shaykh : You are still telling me, "They say, my brother, take the answer and tell them: Are those who deal in riba forced into riba? They will say no. Then you tell them: So why do you lean on this word and say, 'When we bought this, we did not force him to buy,' and the one who deals in riba also does not force people to deal in riba with him."
The questioner: Yes.
The Shaykh : So why do you not listen to the answer and put it in your sleeve, your bag, and your pocket, and go argue with these invalidators and try to say what they say? What is it to me and to them?Sunan Abi Dawud 3462Sahih (Al-Albani) This hadith was issued fifteen centuries ago, informing us that Muslims will deceive regarding the haram, and they will drink khamr and call it by another name. And now they call the forbidden things very pleasant names. Riba is called interest, and dancing and dancing are called the fine arts, and distorted songs are called Islamic songs, and riba banks are called Islamic banks, and so on. And Allah is the One to be sought for help.
The questioner : May Allah reward you with good, O Shaykh.
The Shaykh : And beware of that.
The Shaykh : My brother, this is a somewhat strange question. May Allah reward you.
The questioner : This is the reality, by Allah, O Shaykh.
The Shaykh : My brother, be patient if there is no other way.
The questioner : Now there are companies.
The Shaykh : Listen, my brother. May Allah guide you. Listen.
The questioner: Yes.
The Shaykh : I am telling you, this is a strange question. You are telling me it is the reality. I am asking you now, what is trade, and why does the Muslim trader trade? Is it not to buy a need for one hundred and sell it for more than one hundred?
The questioner: Yes.
The Shaykh : So what is the motive for such a question? Do you mean, from these people—and I am saying this with reservation—if there is not, as I said earlier regarding the Kuwaiti trader, if there is no twisting and turning and deception regarding the rulings, then I say this is buying and selling. Trade is not conceivable except as one person buying a need for a price and selling it for more. So I do not know what is behind this question.
The questioner : I am telling you, I will tell you what is behind the question. What is behind the question is that the one performing the transaction is the same installment department in the same company I mentioned earlier regarding cars. And the reason for the increase is not because, for example, he actually bought it from you—meaning, in the hearts of people—he bought it for one hundred and sold it to you for one hundred and ten. No, it is because he is selling it to you on credit.
The Shaykh : How do you mean, because he sells it on credit?
The questioner : I mean, you go and tell them, "I want this house on installments." This is the reality. This is the state of affairs.
The Shaykh : Now, O Muhammad, I am asking you a question, O Muhammad.
The questioner : On installments for one hundred thousand.
The Shaykh : O Muhammad.
The questioner : ... They went and bought it for one hundred thousand.
The Shaykh: There is no power nor strength except with Allah.
The questioner : And they sold it to you on installments for one hundred and twenty thousand.
The Shaykh : There is no power and no strength except by Allah, O Muhammad Tahlaawi!
The questioner: Yes.
The Shaykh : Why are you wandering away from me? I am shouting at you twice, three times.
The questioner: Yes.
The Shaykh : Did I not tell you that this commercial transaction—these traders do not buy at a price except to sell for more? So the question is strange, and I told you, except if there is deception. So why are you prolonging the speech with me?
The questioner : Excuse me, I am sorry, O Shaykh.
The Shaykh: Yes, may Allah bless you.
The questioner : I smell deception in this matter.
The Shaykh : So the matter is finished. I have given you the answer.
The questioner : I mean, because the increase they put in is the same as the prevailing interest rate. They lower it for you. It is over three years.
The Shaykh : It does not concern me. It does not concern me. These details are not important. The important thing is that you take the answer and the matter is finished.
The questioner : I mean, as long as the form is that they say something in their discussion with them: "As long as I did not obligate you when you came to me to buy the house for you, if I did not buy it for you specifically to install it for you, and I bought it for myself and then sold it to you, the transaction is valid, even if our purpose in buying was for installments."
The Shaykh : So, when one deals with the other in open riba, is he forced?
The questioner: No.
The Shaykh : So does it mean it is permissible?
The questioner : By Allah, I am asking you, O Shaykh.
The Shaykh : I have answered you. May Allah guide you. I have answered you.
The questioner : They say that if you went to obligate me...
The Shaykh : O Shaykh Muhammad, may Allah guide you. You have tired me for nothing.
The questioner : Yes, I am sorry.
The Shaykh : You are still telling me, "They say, my brother, take the answer and tell them: Are those who deal in riba forced into riba? They will say no. Then you tell them: So why do you lean on this word and say, 'When we bought this, we did not force him to buy,' and the one who deals in riba also does not force people to deal in riba with him."
The questioner: Yes.
The Shaykh : So why do you not listen to the answer and put it in your sleeve, your bag, and your pocket, and go argue with these invalidators and try to say what they say? What is it to me and to them?
When you enter into the inah transaction, hold the tails of oxen, are pleased with agriculture, and give up conducting jihad (struggle in the way of Allah). Allah will make disgrace prevail over you, and will not withdraw it until you return to your original religion.
إذا تبايَعْتم بالعينة ، وأخذتم أذناب البقر ، ورضيتم بالزرع ، وتركتم الجهاد في سبيل الله ؛ سلَّطَ الله عليكم ذلًّا لا ينزعه عنكم حتى ترجِعُوا إلى دينكمThe questioner : May Allah reward you with good, O Shaykh.
The Shaykh : And beware of that.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.