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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Commodity Murabaha (Tawarruq)

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Question:
Some scholars have mentioned that among the types of sales that fall outside the scope of riba (usury or interest) is a man selling what he does not possess. For example, a man goes to another and says, "Buy me such-and-such a commodity, and I will buy it from you for such-and-such a debt, payable at a specified term." Is this not one of the sales that are prohibited?

Answer:
You heard in the seminar from the words of Shaykh Abdullah. This is called the issue of tawarruq (commodity sale used to obtain cash), and people call it al-wa'dah (the promise). If a person buys a commodity from someone at a specified term, and then sells it to people—provided he does not sell it back to the one he bought it from for less than what he paid for it... If he sells it to people, there is no harm. A person may buy a house, a car, or other commodities at a specified term, and then sell them to people for cash. He may use this to fulfill his need for marriage, paying off a debt, building a house, or repairing it. There is no harm in this. Jurists call this tawarruq.
Some scholars have forbidden this, and it is narrated from 'Umar ibn 'Abd al-'Aziz and a group of others, who said that it is a means to riba (usury or interest). The majority of scholars hold that it is permissible and that it falls under the category of credit transactions that Allah (Mighty and Majestic) has permitted. Sale at a deferred term is agreed upon by scholars as a fundamental principle. The Book of Allah indicates this in His saying:
O you who have believed, when you contract a debt for a specified term, write it down.يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا تَدَايَنْتُمْ بِدَيْنٍ إِلَى أَجَلٍ مُسَمًّى فَاكْتُبُوهُ
[al-Baqarah: 282].
Therefore, credit transactions are permissible, and sale at a deferred term is permissible. This brings benefits to Muslims and also relieves them of the need to rely on people for loans or charity. One may buy at a specified term in a lawful manner, then take possession of the item, take possession of it, and sell it after taking possession. He moves it from his house or shop to the market, or to the buyer's house, and then sells it.
The one who sold it initially is not allowed to sell anything he has not taken possession of, that he has not owned and taken possession of. He does not sell what is with people in their shops and houses. No, he buys the commodities and takes them into his possession, to his house or to the Muslim market, and then sells them to people. The buyer also takes possession of them and moves them to his house or to the market, and then sells them.
In the time of the Prophet (peace and blessings be upon him), when they bought food in the market, they would strike the seller in his place until they moved the goods to their houses and their tents, or moved them from the upper part of the market to the lower part, and from the lower part to the upper part, so that the first seller would have no authority over the goods. Rather, he would be stripped of his authority, and a distance would be created between him and the goods in another place. The buyer would move them, and then dispose of them as he wished. This is called the issue of tawarruq. It contains benefits and utility for those in need, and it makes them independent of riba (usury or interest), independent of needing people and begging, and independent of loans that they might not obtain except through favor or great hardship.

Question: Is the transfer of the goods a financial burden that the buyer bears afterwards?

Answer: Yes, he bears it.
Source binbaz.org.sa

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

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