he must take produce of average quality so that he neither wrongs the rightful recipients nor wrongs the owners of the wealth.
9 – The hadith indicates the permissibility of the transaction known as tawarruq (cash-seeking sale). Its form is that a person buys a commodity on deferred payment, then sells it to someone other than the original seller and benefits from the price received. The Prophet ﷺ “ordered the collector to sell the inferior dates and, with their price, buy good dates” (al-Bukhari 4/399; Muslim 1593). His only aim in selling was to obtain the cash value of the inferior dates so that he could use it for his intended purpose. According to the two imams, al-Shafi‘i and Ahmad, this is permissible.
Shaykh al-Islam Ibn Taymiyyah, however, rules it impermissible, maintaining that the very cause for which ribā was forbidden exists here in full, in addition to the extra burden of purchase and sale and the losses involved.
Our teacher ʿAbd al-Raḥmān ibn Saʿdī considers tawarruq permissible. He writes: “The buyer does not resell the commodity to its original seller, and the general texts all point to its permissibility. The rationale is the same: there is no difference between buying something to eat, drink, or use and buying it to benefit from its price. There is no stratagem for ribā in any respect, while need calls for it. Whatever need necessitates and which contains no legal prohibition has not been forbidden by the Lawgiver.”
Similarly, Shaykh ʿAbd al-ʿAzīz ibn Bāz allows it, saying: “The scholars have differed regarding tawarruq, holding two views: first, that it is forbidden; second, that it is permissible because it falls under the general statement of Allah: ‘Allah has permitted trade and forbidden usury’ (al-Baqarah 2:275). The basic rule in the Sharīʿah is that all transactions are lawful unless evidence establishes their prohibition, and we know of no sharʿī proof that forbids this transaction.”