Syaikh Muhammad ibn Saalih al-Uthaymeen said [in Fatawa Mu'ashirah, p.. 52-53, from Shaykh Ibn Uthaymeen Fatwa]:"Selling on credit means that someone selling something (goods) with the price of a futures settled tough. Legal origin is permissible based on the word of Allah Subhanahu wa Ta'ala "O ye who believe, if you do not bermu'amalah in cash for the specified time, should you write" [Al-Baqarah: 282]Similarly, because the Prophet sallallaahu 'alayhi wa salam has allowed sale of the As-Salam, which is to buy on credit of goods sold. But the credit (installment) is known among the people today are included in the form of deception against usury. Technically there are several ways, including:FirstSomeone needed a car, then come to the traders who do not have it, as he said, "Verily I need a car like this". Then the merchant went and bought it then sold him on credit at a price more. There is no doubt, that this is a form of deception because the trader would buy it just because the demand and not buy it for her out of compassion against him, but due to an additional benefit, as if he lends it costs to people in riba (giving flowers, pent), whereas the scholars say, "Every loan that diembel-embroider with additional, it is usury". Thus, standardization in every business is situated in its aims.SecondThat some people there who need a home but do not have money, then go to a dealer who bought the house for him, then sell him a larger price is deferred (credit). It also includes a form of deception against usury because the merchant never wanted this house, if offered to him at half price, he would not have bought it but he bought it only because he felt no guarantee of usury to him with menjualnnya to people who intend it.The picture is even worse than that, there are people who buy a home or thing with a certain price, then he chose a half-price, quarter or less of it when he did not have enough money to pay it off, then he came to the merchant, while said, "I have bought goods such and has paid a quarter of the price, more or less or more than that while I do not have the money, to pay the rest". Then the merchant said, "I'll go to the owners of the goods to sell them to you and will pay the price for you, and I credit it to you is greater than that price. And many more other images.However, the dhabit (a more specific provision) is that every thing that aim to get usury, then usury though it is packaged in the form of a lawful contract, because the act of deception will not affect anything. Deceive the things that are forbidden by God, will only add to it is becoming increasingly worse because it contains a negativ impact of things that are forbidden and fraud, when the Prophet sallallaahu 'alaihi wa sallam said: "Do not commit sins as sins committed by Jews so that (hence) then justifies what has been forbidden by God (even) with a low minimum (form) deception (trick) ". [Ibn Baththah Ibthalil hiyal things in the book. 24. Irwa'ul Ghalil 1535]Regarding the sale of credit with the addition of price, Sheikh Muhammad Al-Albani said Nashiruddin [in Lineage al-ahadith al-Saheehah V/419-427]:"" Whoever sells two (price) sales in one sale, then for him (price,-pent) the least, or (if not, then the higher price is,-pent) usury "[Narrated by Ibn Abi Syaibah in in "Al-Mushannaf (VI/120/502)", Abu Dawud from Ibn Abi Syaibah (no. 3461), Ibn Hibban in "Shahihnya (1110)", Al-Hakim (II/45), and Al-Bayhaqi (V/343) all have becerita bawha narrated to us from Muhammad Ibn Abi Zaidah Emir of Abu Salamah ibn Abu Hurairah in marfu, sanadnya hasan, has even been classed as saheeh by al-Hakim, and agreed by the Adh-Dzahabi, also by Ibn Hazm in the "Al-muhalla (IX/16). Also narrated by An-Nasa'i (VII/296, new mold), At-Tirmidhi (I/232), he menshahihkannya, Ibn Jarud (286), Ibn Hibban ( 1109), Al-Baghawi in "Sharh As-Sunnah (VIII/142/211)", he also menshahihkannya, Ahmad (II/342, 375, 503) and Al-Bayhaqi from a few streets from Muhammad ibn Amr with lafazh: "He barred two (price) sales in one sale"]Al-Bayhaqi said: "Whereas Abdul Wahhab (ie Ibn 'Atha') says that (the seller) said:" That (stuff) for you when cash Rp 10, - but if the delay (at) USD 20, - "Imam Ibn Qutaibah also explain the (information) is, he says in "Gharib al-Hadith (I/18):" Among the illicit sale of (is) the two terms (price) in one sale, namely (for example) a person buying goods worth two dinars if the tempo of two months, and for three dinars if the tempo is three months. That is the meaning of "two (price) sales in one sale."And hadith with this lafazh ["Two terms in a sale"] is a concise and authentic. This hadith is in the hadith of Ibn Umar and Ibn Amr, both have ditakhrij in the "Al-Ghalil Irwaa (V/150-151)".And it is to convey the same hadith of Ibn Mas'ud saying: "A contract of sale and purchase in the two sale and purchase contract is riba" [Issued by Abdur Razzaq in Al-Mushannaf (VIII/138-139), Ibn Abi Syaibah (VI / 199), Ibn Hibban (163, 1111) and Ath-Thabrani (41 / 1), sanadnya saheeh]And narrated by Imam Ahmad (I/393), and this is also the history of Ibn Hibban (1112) (from Ibn Mas'ud,-pent) with lafazh: "Not worth two in the buy-sell agreement in a contract of sale ( according to Ibn Hibban lafazh: It is not lawful contract of sale and purchase of two) and the Prophet sallallaahu 'alaihi wa sallam has said: "God curse eaters (usury) [riba eaters are people who take it while not eating, to say the meal because eating is the greatest usefulness of usury usury and because it is generally around food. Feeding usury is the one who gives usury to those who take it, although the taking was not eating,-pent. (See Al-Rabbani Fathur Ma'a Syarhihi Bulughul-Amani (XV/68) by Ahmad Abdur Rahman al-Banna, Publisher Dar Ihya at-Turots Al-Arabi, no year], witnesses and the author ". And sanadnya also saheehSimilarly, narrated by Ibn Nasr in the Sunnah (54), he added in a single history "That person said:" If the cash then the (price) so and so, and if not cash then the (price) so and so ".Moreover, a group of scholars and fuqaha (scholars of fiqh) to agree upon it. They are:
Ayyub Ibn Sirin. Narrated from him, that someone hates Ibn Sirin said: "I sell (goods,-pent) to you for 10 dinars in cash, or 15 dinars a tempo" [Reported by Abdur Razzaq in the "Al-Mushannaf (VIII/138/14630) "with a saheeh sanad from him (Ibn Sirin)].
Thawus. He said: "If (the seller,-pent) says that (stuff) that the (price) so if the tempo is so and so and so, but with the (price) so if the tempo is so and so. Then there selling for (way), then (the seller must take,-pent) lower prices until the tempo is longer. [Issued by Abdur Razzaq as well (14 631) with a saheeh sanad, too. Abdur Razaq also reported (on No. 14 626), as did Ibn Abu Syaibah (VI/120) from Layth from Thawus road with him (the words above,-pent) in short, without the words: "Then there selling ..." but with additional (history): "Then (if the seller,-pent) sold to one of the two prices was before (the buyer,-pent) separated from (the seller), then why not". But this is not authentic from Thawus, because:-the Layth Ibn Abu-Salim has changed memory (because old)].
Ats-Tsauri Sufyan. Saying that, if you say: "I sell to you in cash (worth) so, and with no cash (worth) so and so", then the buyer to take him away, then he is entitled to choose between two (price) sales before, during yet buy-sell decisions occur over one price. And if there has been a sale like this, then it Adala dibenci.Itulah "two sales in one sale", and it was rejected and forbidden. So if you find your stuff is still intact, you can take the lowest price and a longer time. [Reported by Abdur Razaq (14 632) from Sufyan Ats-Tsauri].
Al-Auza'i. A brief history similar to above. The history is told that Al-Auza'i asked: "If (the buyer,-pent) carrying away merchandise that (based on buying and selling to) the two conditions was that?" He (Al-Auza'i) replied: "The price of the goods it with the lowest prices with a longer tempo ". Al-Khaththabi mention it (this narration, pent) in the "Ma'alimus Sunnah (V/99)". Then the priests and lughoh hadith (Arabic) runs followed their Sunnah, among others:
Imam An-Nasa'i. He said the following chapters: Two sales in one sale, "the man says: I sell you this item for 100 dirhams in cash, and for 200 dirhams are not cash." Similarly, An-Nasa'i explained like that in the hadith of Ibn amr "is not lawful for two terms in a sale". [This hadith has been ditakhrih in "Al-Irwaa (1305) and see" Jaami Saheeh (7520) ".
Ibn Hibbaan. He says in "Shahihnya (VII/225-Al-Ihsan)": "It has been mentioned a ban on selling something at a price of 100 dinars on credit, and costing 90 dinars in cash. He mentioned that under the hadith of Abu Huraira with a concise lafazh .
Ibn al-Athir. In the "Gharibul Hadith" he mentioned in the explanation of the two hadith that has been hinted at earlier.LOEKELOE LEGAL LOANIndeed already mentioned the opinions of others regarding the interpretation of "two sales", it may in part be explained below. But the interpretation which has been passed over is the most correct and most famous, and that is exactly what is now known by (the term) "Sale and Purchase Credits". How is legal?In this case, the scholars have been at loggerheads since the first opinion to the present and into three opinions.
That it is absolutely false, and this is the opinion of Ibn Hazm
That it is not allowed except when it separated the two prices (set) on one price alone. For example, if only just mentioned the price of credit.
That it should not be. But if it has occurred and the lower price must be paid then.Schools of the first proposition is Zahir ban in the ahaadeeth that have past, since the original ban was demonstrated batilnya (trade model). This opinion is closer to the truth, were it not for what was later mentioned when talking about the argument for a third opinion.While the perpetrators of the second opinion argue that the ban was caused by not knowing the price, ie price uncertainty, whether in cash or credit price. Al-Khaththabi said: "If (the buyer) do not know the price (then) sale was canceled. As if he was sure on one of two things (price,-pent) was in a majlis contract, then it (the sale) was legitimate ".Shaykh Al-Albani said: "The reason for the prohibition of 'two (price) sales in one sale' prices caused by ignorance, is the reason rejected. Because it is solely opinion contrary to the clear texts in the hadith of Abu Huraira and Ibn Mas' ud that (the cause of the ban) is riba. This is from one side, while from the other side (which this opinion was rejected,-pent) is for that reason they are built upon the opinion of the necessity of consent and qabul in buying and selling. In fact (opinion) there are no arguments, either through the Book of Allah and the Sunnah of the Prophet sallallaahu 'alaihi wa sallam. Even in (the sale) was sufficient (with) each other willingly and gladly. So long as there is mutual willingly and gladly in the sale and purchase , and there are hints towards it, meaning it is the buying and selling a syar'i. That which is known by some scholars with the (term) buying and selling of Al-Mu'aathaah [ie sale and purchase contract that occurs without speech or word (consent qabul) but with deeds to each other willingly. As a buyer to take the merchandise and give (money) price to the seller, or seller gives the buyer the goods and give (money) price without speaking and without cues, either trivial or valuable item. (See "Al- Fihul Islami wa Adillatuhu IV/99 by Az-Zuhaili Wahbah DR)], ash-Syaukani says in "As-Sail Al-Jarar (III/126)""Offers to buy al-mu'aathaah, which materialized with an atmosphere of mutual willingly and gladly purchase syar'i is permitted by God, whereas add to it (with other conditions, pent) is included which does not require what is required by Personality (religion) ".Shaykh al-Islam Ibn Taymiyyah has explained it in al-Fatawa (XXIX/5-21) that do not require additional longer, let those who want to expand (this issue) look to it.Shaykh Al-Albani said: "If so, then a buyer when he has turned (bring) what he bought, maybe he paid in cash or may pay credit. Sale and purchase in a way that the first is valid, whereas in the second way of carrying goods by the buyer to bear the price of credit-and this is a problem that is being disputed, and where reason does not understand the price stated above? Especially again if the payments in installments, the first installment which he paid with cash being the remaining installment depending on the agreement. Thus batallah illat (reason / cause) does not understand the price of a proposition, either through atsar or through research.The third argument of the opinion that this chapter is a hadith (hadith in question,-pent), plus atsar (hadiths) of Ibn Mas'ud. Indeed the two hadith is agreed that: 'two (price) sales in one sale is riba ". So that is the illat usury (reason) it. Thus, the ban was going according to illat (reason) it, either ban it into existence, or be absent. Therefore when he took the higher prices, meaning it is usury. But when taking a lower price, then it becomes permissible. As a description of the scholars, who have stated that perhaps to take a lower price, with the tempo a bit longer, because in fact he does not thereby mean to sell two (price) sales in one sale.Did not you see if (the seller) to sell merchandise at a price that day, and he frees the buyer to choose between paying the price in cash or debt, then he does not say: It has been sold with two (price) sales in one sale, as it it is clear. And that is expressed Prophet sallallaahu 'alaihi wa sallam in his saying on the hadith talking about, "So for him (the price) the least, or (if not higher then the price is) riba" [see hadith on the subject of above,-pent]So he sallallaahu 'alaihi wa sallam legalize the sale was due to the loss illat (reason / reasons which make it illegal). He canceled an additional price, because it is usury. This opinion is also the opinion of Thawus, Ats-Tsauri, and Al-Auza'i rahimahullah as already described above. From this it can be seen the death of Al-Khaththabi words in the "Ma'alimus Sunan (V/97)".And the conclusion, that the second opinion is the opinion of the weakest, because there are no reasonable arguments against him except texts. Then accompanied by the first opinion, because Ibn Hazm who have that opinion claims that the hadith of this chapter has been deleted (mansukh) by the ahaadeeth which forbid two sales in one sale, and the claim was rejected, because bertentanan with usul (jurisprudence, - pent).Because (in the usul fiqh, a hadith,-pent) would not be (talks) naskh (abolition of the law) unless the jama '(merge nash) hard to do, but jama' can be done easily here.Know akhi (my brother) Muslims! that mu'amalah that has been spread among the traders today, ie buying and selling on credit, and take an additional (price) instead of tempo, and the longer tempo plus the price. From the other side it is not just mu'amalah syar'i because negate the spirit of Islam which stands on the (principle) makes it easy to man, affection towards them, as in his words "I hope God have mercy on a servant, which is easy if he sells, it's easy when he bought, when he easily charge "[Al-Bukhari Hadith]And the words he sallallaahu 'alaihi wa sallam "Whoever generous, gentle, which is near Allah will forbid the Fire" [Reported by Al-Hakim and others, and has been mentioned takhrijnya no. 938]So if one of them (the merchants) devoted to Allah Subhanahu wa Ta'ala and sell (goods) to the (system of debt or credit with cash prices, actually means it is more profitable, hatta from the material side. Because it will make those the pleasure of him and want to buy from him and be blessed in the rizkinya, according to the word Almighty "And he who fear Allah, surely He makes a way out for him and gave him rizki from the direction which he did not think" [Ath-THALAQ : 2]And on this occasion I advise the reader to the treatise meruju akh al-Fadil al-Rahman Abdul-Khaliq (the title): "Al-Quuluf Fashl FII Bari'il AJL", because this special treatise in this problem, beneficial in the theme , hopefully God repay him. "Sources:
Magazine Issue Sunnah 12/Th III/1420-1999, Credit Sales With Additional Price, By Shaykh Muhammad Al-Albani Nashiruddin, Peneremah Abu Muslim Al-Atsari Shalihah, Publishers Foundation Lajnah Istiqomah.
Al-Fatawa Al-Al-Fi Syar'iyyah Masa'il Ashriyyah Min Fataawa Al-Ulama Al-Balad Al-Haram, edition of Indonesia Recent Fatwas Fatwa, Dar ul Haq
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