What is the ruling on a man who borrowed two thousand dirhams, and the lender said to him, “I want you to register half of your car in my name to secure my right”?
Machine translationRead the Arabic original
The questioner : A question about a pious man who borrowed two thousand dirhams from another person. The second person said to him, “I want to secure my right.” He said, “I want to return the two thousand dirhams to you.” He said, “I want you to register half the value of the car in my name.” The other man had a car, and he said to him, “Register half the value of the car you have in my name.”
The Shaykh : Okay, is half the value two thousand dirhams?
The questioner : Yes, he bought it for four thousand. He has a car worth four thousand dirhams.
The Shaykh : Yes, I am asking you about it.
The questioner : It is worth four thousand dirhams.
The Shaykh : Yes, he stipulated that he register half of it.
The questioner : He borrowed two thousand dirhams from another person, and he said to him, “I want, in order to secure my right, for you to register half the value of the car in my name.”
The Shaykh : I understood.
The questioner: Yes.
The Shaykh : Is this a pledge or what?
The questioner : It is a guarantee for the right of the owner of the two thousand.
The Shaykh : What is the guarantee for his right?
The questioner : He said to you, “You…”
The Shaykh : I am telling you it is a pledge. May Allah guide you. Take it and give it.
The questioner: Go ahead.
The Shaykh : Is this a pledge or a purchase?
The questioner : No, no, it is not a pledge.
The Shaykh : A purchase?
The questioner : He bought it from a person.
The Shaykh : May Allah guide you, May Allah guide you. You, my dear, are the owner of the car.
The questioner : Yes, I am the owner of the car.
The Shaykh : He bought it for four thousand.
The questioner : For four thousand dirhams.
The Shaykh : You borrowed two thousand dirhams from me.
The questioner : No, not from you.
The Shaykh : May Allah guide you. I am telling you an example.
The questioner : Yes, yes, an example from another person, but the other person…
The Shaykh : No, you are the owner of the car. Now I am telling you, you have a car.
The questioner : Yes, yes.
The Shaykh : He bought it for four thousand.
The questioner: Yes.
The Shaykh : Are you the owner of the car? I am telling you an example. May Allah guide you.
The questioner : I understand you, professor.
The Shaykh : Be patient.
The questioner: Go ahead.
The Shaykh : You are the owner of the car.
The questioner: Yes.
The Shaykh : He bought it for four thousand.
The questioner: Yes.
The Shaykh : You borrowed two thousand dirhams from me, is that clear?
The questioner : Yes, yes.
The Shaykh : Okay, why did you… interrupt me.
The questioner : You interrupted me thinking that I bought the car from you.
The Shaykh : You are telling me I am the owner of the car. I am telling you, you, you are the owner of the car. May Allah guide you.
The questioner: Yes.
The Shaykh : You are the owner of the car. He bought it for four thousand.
The questioner: Yes.
The Shaykh : Is that correct or incorrect?
The questioner : No, I am giving an example. You are saying, an example, is that clear?
The Shaykh : An example.
The questioner : An example, correct, correct.
The Shaykh : Okay, and you, I borrowed two thousand from you?
The questioner : Two thousand, correct.
The Shaykh : Correct, I borrowed from you, an example.
The questioner : An example, yes.
The Shaykh : Is that clear, the talk?
The questioner : The talk is clear.
The Shaykh : Okay, I, you, I borrowed two thousand dirhams from you, and you said to me, “I, in order to secure the two thousand, want you to register half the car, right?”
The questioner : Correct.
The Shaykh : Okay, why are you interrupting me?
The questioner : I was mistaken.
The Shaykh : Okay, now I am telling you. When I said to you, “I want you to register half the car,” does that mean a purchase from me?
The questioner: No.
The Shaykh : So this became a pledge. May Allah guide you. I am telling you this, and you are saying no. Either it is a pledge, or it is a sale and purchase. It is not a sale and purchase, or you are saying it is a pledge. So what is it?
The questioner : I mean, it is not a sale and purchase, no.
The Shaykh : Tell me what it is. It is not a sale and purchase. You are paying attention to me, right? Or it is a pledge, and you are saying no, it is not a pledge.
The questioner : The man just wants to secure his right.
The Shaykh : There is no power or strength except with Allah. You, my dear, this is a pledge.
The questioner: Yes.
The Shaykh : How does he want to secure it? Not a pledge, not a sale, how? Look, go and understand your question.
The questioner : This is my question, Shaykh.
The Shaykh : Understand your question. Is this a pledge or not a pledge?
The questioner : By Allah, I am the person who informed me.
The Shaykh : Like that… I am telling you, go ask him. Find a way for him.
The questioner :[Ibrahim 14:27]; does that mean?
The Shaykh : Do not ask about the meaning. Ask about the structure, meaning, ask about the narration. Is it authentic? As you asked our companion, where did you gather this narration from? This has no authenticity.
The questioner : May Allah reward you with good. May He gather us and you in His noble abode.
The Shaykh : O Allah, amen.
The Shaykh : Okay, is half the value two thousand dirhams?
The questioner : Yes, he bought it for four thousand. He has a car worth four thousand dirhams.
The Shaykh : Yes, I am asking you about it.
The questioner : It is worth four thousand dirhams.
The Shaykh : Yes, he stipulated that he register half of it.
The questioner : He borrowed two thousand dirhams from another person, and he said to him, “I want, in order to secure my right, for you to register half the value of the car in my name.”
The Shaykh : I understood.
The questioner: Yes.
The Shaykh : Is this a pledge or what?
The questioner : It is a guarantee for the right of the owner of the two thousand.
The Shaykh : What is the guarantee for his right?
The questioner : He said to you, “You…”
The Shaykh : I am telling you it is a pledge. May Allah guide you. Take it and give it.
The questioner: Go ahead.
The Shaykh : Is this a pledge or a purchase?
The questioner : No, no, it is not a pledge.
The Shaykh : A purchase?
The questioner : He bought it from a person.
The Shaykh : May Allah guide you, May Allah guide you. You, my dear, are the owner of the car.
The questioner : Yes, I am the owner of the car.
The Shaykh : He bought it for four thousand.
The questioner : For four thousand dirhams.
The Shaykh : You borrowed two thousand dirhams from me.
The questioner : No, not from you.
The Shaykh : May Allah guide you. I am telling you an example.
The questioner : Yes, yes, an example from another person, but the other person…
The Shaykh : No, you are the owner of the car. Now I am telling you, you have a car.
The questioner : Yes, yes.
The Shaykh : He bought it for four thousand.
The questioner: Yes.
The Shaykh : Are you the owner of the car? I am telling you an example. May Allah guide you.
The questioner : I understand you, professor.
The Shaykh : Be patient.
The questioner: Go ahead.
The Shaykh : You are the owner of the car.
The questioner: Yes.
The Shaykh : He bought it for four thousand.
The questioner: Yes.
The Shaykh : You borrowed two thousand dirhams from me, is that clear?
The questioner : Yes, yes.
The Shaykh : Okay, why did you… interrupt me.
The questioner : You interrupted me thinking that I bought the car from you.
The Shaykh : You are telling me I am the owner of the car. I am telling you, you, you are the owner of the car. May Allah guide you.
The questioner: Yes.
The Shaykh : You are the owner of the car. He bought it for four thousand.
The questioner: Yes.
The Shaykh : Is that correct or incorrect?
The questioner : No, I am giving an example. You are saying, an example, is that clear?
The Shaykh : An example.
The questioner : An example, correct, correct.
The Shaykh : Okay, and you, I borrowed two thousand from you?
The questioner : Two thousand, correct.
The Shaykh : Correct, I borrowed from you, an example.
The questioner : An example, yes.
The Shaykh : Is that clear, the talk?
The questioner : The talk is clear.
The Shaykh : Okay, I, you, I borrowed two thousand dirhams from you, and you said to me, “I, in order to secure the two thousand, want you to register half the car, right?”
The questioner : Correct.
The Shaykh : Okay, why are you interrupting me?
The questioner : I was mistaken.
The Shaykh : Okay, now I am telling you. When I said to you, “I want you to register half the car,” does that mean a purchase from me?
The questioner: No.
The Shaykh : So this became a pledge. May Allah guide you. I am telling you this, and you are saying no. Either it is a pledge, or it is a sale and purchase. It is not a sale and purchase, or you are saying it is a pledge. So what is it?
The questioner : I mean, it is not a sale and purchase, no.
The Shaykh : Tell me what it is. It is not a sale and purchase. You are paying attention to me, right? Or it is a pledge, and you are saying no, it is not a pledge.
The questioner : The man just wants to secure his right.
The Shaykh : There is no power or strength except with Allah. You, my dear, this is a pledge.
The questioner: Yes.
The Shaykh : How does he want to secure it? Not a pledge, not a sale, how? Look, go and understand your question.
The questioner : This is my question, Shaykh.
The Shaykh : Understand your question. Is this a pledge or not a pledge?
The questioner : By Allah, I am the person who informed me.
The Shaykh : Like that… I am telling you, go ask him. Find a way for him.
The questioner :
Allah keeps firm those who believe, with the firm word, in worldly life and in the Hereafter
يُثَبِّتُ اللَّهُ الَّذِينَ آمَنُوا بِالْقَوْلِ الثَّابِتِ فِي الْحَيَاةِ الدُّنْيَا وَفِي الْآخِرَةِThe Shaykh : Do not ask about the meaning. Ask about the structure, meaning, ask about the narration. Is it authentic? As you asked our companion, where did you gather this narration from? This has no authenticity.
The questioner : May Allah reward you with good. May He gather us and you in His noble abode.
The Shaykh : O Allah, amen.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.