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What is the ruling on one partner buying the other partner’s share in the profit of a car sold by installments, such that he gives him the principal amount and one thousand dinars in cash, and the remaining deferred profit becomes the right of the buyer? Is the prohibition of this transaction a matter of scholarly consensus or is there a difference of opinion on it?

1 min readAlso available in العربية

Scholars have differed on the issue of selling a debt to someone other than the debtor. The majority view prohibits it, while the Malikis permit it under certain conditions: that it be sold for cash, that the debtor be present and acknowledge the debt, that it be sold for a different kind (of currency/commodity) or for the same kind with equality, that it not be gold for silver and vice versa, and that there be no enmity between the buyer and the debtor. Accordingly, it is not permissible for one of the partners to sell his share of the debt to his partner for less than what is owed to him by the debtor, as this involves a loan that brings benefit (qard jarr naf'an) and riba an-nasi'a (usury of delay).

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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