Is it permissible to sell an item with the intention of repurchasing it at a higher price in the future, in order to help people obtain financial liquidity?
There are two scenarios for selling a commodity with the condition that the seller retrieves it when he brings its price to the buyer:
1. Trust Sale (Bay' al-Amanah) or Fulfillment Sale (Bay' al-Wafa'): This is where the seller retrieves the item for the same price at which he sold it. This is forbidden and void because it is a trick to conceal usury, as it is a loan that draws benefit (the buyer's utilization of the sold item). The Islamic Fiqh Academy has ruled its impermissibility.
2. Purchase at a Higher Price: This is where the seller buys the item back for a price higher than what he sold it for, and this repurchase is stipulated in the initial sale. This is also forbidden because it is usury, as it is money for money that is greater in amount, and the commodity here is merely a trick.
As for a true sale, it is one where there is no condition or suspension on the retrieval of the commodity. If the seller buys back his commodity, which he previously sold, without a condition or custom, and at the market price at that time, there is no harm.
In summary, selling a commodity with the condition that the seller retrieves it for its price is a trick to conceal usury and is forbidden.
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- Original fatwa ID
- 191563
- Imported
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- Source text, unreviewed
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