Is selling a distressed property to a real estate financing company, through a simulated transaction where the wife pretends to be the buyer, while retaining the property and paying its price in installments to the company, considered usury (riba) or unlawful (haram), especially if this is the only way to sell the property and there is an urgent need for its price?
There are two forms of financing real estate purchases: the first is an usurious, forbidden loan, and the second is a permissible Murabaha sale. As for the method mentioned [in the question], it is impermissible because it is a forbidden inah sale, as it involves deception to circumvent usury. If the bank were to purchase the property and sell it to a third party, it would be permissible. However, selling it to you or your wife constitutes an inah sale, and inah sales have been forbidden due to the deception and circumvention of what is prohibited that they entail. The need for money does not make it permissible to seek it through unlawful means, and a person's provision is guaranteed to them.
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- 17914
- Imported
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