Plotting to indulge in Riba
Question :
I needed a sum of money to complete the building of my house in one of the cities of the Kingdom (of Saudi Arabia). So, I went to a person and requested him to give me a loan of whatever he could of money. He said to me, "I want to give you a car - we'll say that I sold a car to you." So, he gave me 12,000 riyals and he recorded it with him as 21,000 riyals. I did not see the car, nor do I know its color. He only recorded it on paper and he said, "You will pay 1,000 riyals every month." Since I was pleased with this deal at that time when I was in dire need of the money, and now I have paid only 8,500 riyals and 12,500 is the remaining balance, am I required to pay the amount of increase above his capital sum of money? I hope for a beneficial answer. May Allâh reward you with good.
Answer:
If the matter is as the questioner mentioned, then this transaction is invalid and indeed it contains a combina- tion of Riba Al-Fadhl and Riba An-Nasi'ah. The person who paid the cash to you only gets the capital sum of his money, which is 12,000 riyals, because he did not give you the car nor did he sell it to you, based upon what you have mentioned. He only gave you cash for cash (in return), and this is an obvious evil and it is clearly Riba. Thus, you both must repent to Allâh from this and not repeat this act again. We ask Allâh to accept your repentance.
Source:
Ash-Shaykh Ibn Baz
Fatawa Islamiyah, Vol. 3 Page 350
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