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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The issue of tawarruq and its ruling

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Question:
I asked one of the merchants for a loan of twenty-five thousand riyals, and we went to the market. He purchased goods for twenty thousand riyals and then resold them to me for twenty-five thousand riyals, without any prior agreement between us. What is the ruling on this?

Answer:
This requires detailed explanation, and people are lenient in this matter. They call it a promise (al-wa'd) when one person agrees with another that he will buy sugar, bags, or cars for him, and then sell them to him. There is no harm in this, provided that the first seller owns the goods; he must possess the bags, take them to his home, take them to his shop, or take the car to himself, and own them. Then he may sell them to the interested party for a known period at a known profit; there is no harm in that. However, it is not permissible for him to sell them to him while he does not own them from the merchants. This is not permissible because it is selling what one does not own. The Prophet (peace and blessings be upon him) said:
Do not sell what is not with you.لا تبع ما ليس عندك
Sunan Ibn Majah 2187Hasan (Darussalam)
Therefore, he has no right to sell what he does not have.
Likewise, the one who bought them is not permitted to sell them and return the seller to his ownership in his shop. No, not until he takes possession of them and secures them. The Prophet (peace and blessings be upon him) forbade selling goods at the place where they were bought until the merchants take them to their dwellings. So the one who sells first must have secured the goods and have them in his possession. Even if they had previously agreed on a sale for a known price, he must own this item and secure it, and then sell it to the interested party for a known period and a known profit. And the one who buys it afterwards is not permitted to sell it in its place until he moves it to the market, or to his home, or to his shop, and then he may dispose of it afterwards.

Question: If he secures the goods, but the intention is not the goods themselves, rather the intention is to obtain a sum of money, is that permissible?

Answer: Yes, it is permissible. Because this promise (al-wa'd) is intended so that he can sell the goods in order to get married, or to pay off his debt, or to build a structure, and to avoid riba. He fears that if he goes to the banks, he will fall into riba. This is what saves him from riba, and from lawful loans and lawful sales. Even if his intention is to sell the goods, many merchants buy goods to sell them; their intention is not to keep them, nor to take them, nor to wear them. So the one in need who wants to get married buys a car to sell it and use its price to help with the marriage. He buys sugar, or rice, or such things to sell them and pay off his debt. He has creditors who are harming him, so he buys from this person to sell it and pay off his debt, to renovate his house, or to get married. There is no harm in this according to the correct opinion. There is disagreement on this, but this is the most correct opinion.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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