The Form of Two Sales in One Sale and the Reason for the Prohibition Thereof
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Question:
It is reported from the Messenger of Allah (peace and blessings be upon him) that he prohibited two sales in one sale. What is the form of two sales in one sale, and what is the reason for the prohibition?
Answer:
The best that has been said regarding this is that two sales in one sale refers to the sale of 'inah, the form of 'inah, and a sale contract within a contract, where one makes a contract conditional upon another contract, and the sale of 'inah. For this reason, in the authentic hadith:Sunan Abi Dawud 3461Hasan (Al-Albani).
This explains that the two sales are the 'inah, where one sells an item to a person, for example, for one hundred deferred, and then buys it back from him for eighty, or seventy immediate. This is two sales in one sale, by which they circumvent riba. He gives him seventy immediate and takes from him one hundred after months, or after a year. This is two sales in one sale, so he has the excess; he has, for example, the seventy that he delivered and does not take the increase. He returns to him only what he received from him.
This is called the sale of 'inah. He takes a commodity for a debt. He says: I will sell this item to you for one thousand riyals until the coming Ramadan, and then he sells it to him for an immediate price of one hundred riyals, or seven hundred riyals, to extract it for his need. So the meaning is that he took seven hundred, or eight hundred, for one thousand deferred. This is pure riba. This is the form.
And among the forms, as the scholars have established, of the two sales is that he buys from him an item for such an amount, on the condition that he will sell him an item for such an amount, or on the condition that he will lend him such and such, or on the condition that he will rent to him such and such. For example, he buys from him a certain car for ten thousand, on the condition that he will sell him his house for twenty thousand, or he buys from him his house on the condition that he will sell him his certain land for such and such, or on the condition that he will lend him such and such amount of money. So it is a contract within a contract. This is two sales in one sale.
Question: This is an exchange. This has a price, and this has a price. Do they divide the difference between them?
Answer: He conditioned this with this.
Question: Its ruling?
Answer: Prohibition.
It is reported from the Messenger of Allah (peace and blessings be upon him) that he prohibited two sales in one sale. What is the form of two sales in one sale, and what is the reason for the prohibition?
Answer:
The best that has been said regarding this is that two sales in one sale refers to the sale of 'inah, the form of 'inah, and a sale contract within a contract, where one makes a contract conditional upon another contract, and the sale of 'inah. For this reason, in the authentic hadith:
If anyone makes two transactions combined in one bargain, he should have the lesser of the two or it will involve usury.
من باع بيعتين في بيعة فله أوكسهما أو الرباThis explains that the two sales are the 'inah, where one sells an item to a person, for example, for one hundred deferred, and then buys it back from him for eighty, or seventy immediate. This is two sales in one sale, by which they circumvent riba. He gives him seventy immediate and takes from him one hundred after months, or after a year. This is two sales in one sale, so he has the excess; he has, for example, the seventy that he delivered and does not take the increase. He returns to him only what he received from him.
This is called the sale of 'inah. He takes a commodity for a debt. He says: I will sell this item to you for one thousand riyals until the coming Ramadan, and then he sells it to him for an immediate price of one hundred riyals, or seven hundred riyals, to extract it for his need. So the meaning is that he took seven hundred, or eight hundred, for one thousand deferred. This is pure riba. This is the form.
And among the forms, as the scholars have established, of the two sales is that he buys from him an item for such an amount, on the condition that he will sell him an item for such an amount, or on the condition that he will lend him such and such, or on the condition that he will rent to him such and such. For example, he buys from him a certain car for ten thousand, on the condition that he will sell him his house for twenty thousand, or he buys from him his house on the condition that he will sell him his certain land for such and such, or on the condition that he will lend him such and such amount of money. So it is a contract within a contract. This is two sales in one sale.
Question: This is an exchange. This has a price, and this has a price. Do they divide the difference between them?
Answer: He conditioned this with this.
Question: Its ruling?
Answer: Prohibition.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.