Its example is that I sell him the car for twenty thousand in cash, then buy it back from him for twenty-five thousand, payable in one year. Is this permissible?
The apparent meaning of the author’s words, “not in reverse,” is that it is permissible, because the concern of riba is remote in this case. However, there are two narrations from Ahmad regarding it:
- One narration holds that it is like an ‘inah transaction and is therefore impermissible.
- Another narration holds that it is permissible, provided it involves no legal stratagem.
The correct view is that it is permissible, unless we know that it is a legal stratagem.
His statement, “If he buys it with something of a different kind,” means that the one who sold the item on deferred payment buys it back with cash of a different kind from that in which he sold it. For example, he may have sold it for gold and then buy it back for silver. The author says that this is permissible, because an excess in exchange between gold and silver is permissible. Since it is permissible, there is no objection. We prohibited the case in which he buys it back in cash for less than the deferred price at which he sold it because it amounts to selling dirhams for dirhams with an excess, while making the commodity an intermediary.
The apparent meaning of the author’s words is that it is permissible even if the kind used is one in which riba of deferment applies between it and the original price. For example, I sell this house for one hundred dinars—equivalent to one thousand dirhams—on deferred payment, then return and buy it from him for eight hundred dirhams in cash. According to the author’s view, this is permissible, because I bought it back with something other than that for which I sold it. An excess in exchange between gold and silver is permissible, and riba of excess does not apply between them.
But the correct view is that it is impermissible if he buys it back with a price between which and the original sale price riba of deferment applies. For we say: even if riba of excess is absent, riba of deferment remains, and it is prohibited by the Shariah. A person may resort to a legal stratagem through such an arrangement.