Selling and buying transaction mixed with Debt
عن عَبْد اللَّهِ بْنَ عَمْرٍو قَالَ قَالَ رَسُولُ اللَّهِ -صلى الله عليه وسلم- لاَ يَحِلُّ سَلَفٌ وَبَيْعٌ وَلاَ شَرْطَانِ فِى بَيْعٍ وَلاَ رِبْحُ مَا لَمْ تَضْمَنْ وَلاَ بَيْعُ مَا لَيْسَ عِنْدَكَ
‘Abdullah bin ‘Amr said: ‘The Messenger of Allah -peace and prayer of Allah be upon him- said: “It is not permissible to transact a loan combined with a sale, or to stipulate two conditions in one transaction, or to make a profit on something that you do not posses, or to sell something that is not with you.” (Narrated by Abu Daud, in hadith no. 3506; the status is good).
In the above hadith, we found several transactions prohibited by the Prophet -peace and prayer of Allah be upon him-, among which is a transaction of loan combined with a sale.
The meaning of that transaction is, selling of goods with stipulation that the buyer should give a loan to the seller. For example: One said to us, “Sell your book to me, and I’ll lend you money IDR 100.000,-”
Such transaction is illegal due to two reasons:
In this case, there is transaction of loan that yield benefit to the loan giver, that is buying the book, which of course sold with abnormal price.
It is included in the prohibition of the Prophet -peace and prayer of Allah be upon him-, “…. It is not permissible to transact a loan combined with a sale…”
Included in that prohibition the following case: One gave me a loan of IDR 1 million, by requiring that I should buy his cellular phone with the price of IDR 1 million, while the normal price of the cell phone is IDR 800.000. Hence, on the due period, I must hand him over IDR 2 millions.
In this case, the man handed me IDR 1 million, and goods valued IDR 800.000, and he took from me money of IDR 2 millions, and this is an evident usury! If I didn’t want to buy the goods he offered, he wouldn’t gave me any loan. Me too, if I didn’t get any loan, I wouldn’t want to buy the goods.
Author: Ustadz Aris Munandar, M.P.I
Article of www.syaria.com