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The question

What is the ruling on borrowing an amount to pay off a first Tawarruq loan, then obtaining a new Tawarruq loan from the same bank to pay off the first debt and benefit from the remainder? And what is the ruling on Tawarruq in shares whose buyer is unknown, and is it permissible to take a new Tawarruq from the same bank without paying off the first Tawarruq?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

"Tawarruq" is defined as purchasing a commodity on credit and selling it to another party at a lower price. If it is sold back to the original seller, it is considered a "Bay' al-'Inah" (a type of buy-back transaction) and is forbidden. Ordinary tawarruq is permissible under its stipulated conditions, but organized tawarruq, practiced by some banks, is forbidden due to its deceptive nature concerning Islamic law. If the commodity is owned by the bank and is permissible, then dealing with banks is permissible, provided that the purchased commodity is not sold back to the bank itself, but to another party. There is no objection to purchasing tawarruq commodities from a specific entity and then selling them in the market without the buyer's knowledge; this is not considered "Bay' al-'Inah". It is permissible to borrow from another person to settle a bank debt with a (benevolent loan), and then engage in tawarruq with a larger amount from the same bank to repay the debt and benefit from the difference. The ruling on the second tawarruq transaction is the same as the first, subject to the same conditions. There is no objection to having two tawarruq transactions with the same bank and settling two installments simultaneously, provided that the second transaction is completely separate from the first; otherwise, it would be considered "Qalb ad-Dayn" (debt rollover), which is forbidden by Islamic law.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Ftawy
Original fatwa ID
18058
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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