Q 1: I bought some sheep fodder from a society on credit. I paid a portion of the price and the rest is to be paid in installments on fixed dates. Those in charge of the society stipulated in the contract that if I delayed the repayment, they would increase the amount by 5%. Is this increase
Riba (usury)? It is worth mentioning that they call this additional amount 'indemnity for repayment delay.
A: This condition is Batil (null and void), as it falls under Riba that prevailed during the pre-Islamic days. Whenever the repayment was delayed, the amount used to increase. Thus, this sale is Batil at the very start and you should avoid it. Allah (Exalted be He) says: ...whereas Allâh has permitted trading and forbidden Ribâ (usury). This is a form of Riba.
May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
[al-Baqarah 2:282]
This transaction is one of the permissible kinds of debt that are mentioned in this verse; it is also akin to forward buying (bay’ al-salam).
Fataawa Islamiyyah, 2/331
See Bay’ al-Tasqeet by Dr. Rafeeq Yoonus al-Masri
The Permanent Committee for Scholarly Research and Ifta'
(Part No. 13; Page No. 339) |
Member | Member | Member | Deputy Chairman | Chairman |
Bakr Abu Zayd | Salih Al-Fawzan | `Abdullah ibn Ghudayyan | `Abdul-`Aziz Al Al-Shaykh | `Abdul-`Aziz ibn `Abdullah ibn Baz |
Shaykh Ibn Baaz was asked about the ruling on
increasing the price in return for delaying payment, He said:
There is nothing wrong with this transaction because paying cash for the product is different from delaying payment. The Muslims are still doing such transactions and this is like consensus that it is permissible. Some scholars held an odd opinion and said that it is not permissible to increase the price in return for delaying payment, and they thought that this was a kind of riba, but this is a baseless view. It is not a kind of riba at all, because when the dealer sells the product to be paid for later, he agrees to the delay so that he may benefit from the increase in price, and the purchaser agrees to the increase so that he may take his time and because he is unable to pay the price in cash on the spot. So both of them benefit from this transaction. There is a proven report from the Prophet (peace and blessings of Allaah be upon him) which indicates that this is permissible; he commanded ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may Allaah be pleased with him) to equip an army and he was buying one camel for two camels, to be handed over at a later date. Moreover this transaction comes under the general meaning of the verse in which Allaah says (interpretation of the meaning):
“O you who believe! When you contract a debt for a fixed period, write it down”
There is nothing wrong with this transaction because paying cash for the product is different from delaying payment. The Muslims are still doing such transactions and this is like consensus that it is permissible. Some scholars held an odd opinion and said that it is not permissible to increase the price in return for delaying payment, and they thought that this was a kind of riba, but this is a baseless view. It is not a kind of riba at all, because when the dealer sells the product to be paid for later, he agrees to the delay so that he may benefit from the increase in price, and the purchaser agrees to the increase so that he may take his time and because he is unable to pay the price in cash on the spot. So both of them benefit from this transaction. There is a proven report from the Prophet (peace and blessings of Allaah be upon him) which indicates that this is permissible; he commanded ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may Allaah be pleased with him) to equip an army and he was buying one camel for two camels, to be handed over at a later date. Moreover this transaction comes under the general meaning of the verse in which Allaah says (interpretation of the meaning):
“O you who believe! When you contract a debt for a fixed period, write it down”
[al-Baqarah 2:282]
This transaction is one of the permissible kinds of debt that are mentioned in this verse; it is also akin to forward buying (bay’ al-salam).
Fataawa Islamiyyah, 2/331
See Bay’ al-Tasqeet by Dr. Rafeeq Yoonus al-Masri
The seventh question of Fatwa no.
19479
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