concludes the contract with the borrower, and the seller does not buy it back; rather, it is the indebted purchaser who resells it to someone else—then there is no objection, God willing. The price may be deferred, whether spread over instalments or paid as a single lump sum when it falls due; all of that is permissible.
Question: Is what is forbidden here the fact that the price is not fixed before he knows the car or takes possession of it?
Answer: If what took place between them was no more than discussion and a promise, there is no harm. However, if fixing the price means that they have concluded and finalised the contract before actually obtaining the car, then this is impermissible.
Question: For example, I record a debt of 50,000 riyals against him and—after executing this contract—I go and buy him a car for 30,000, and then he sells it for 25,000. Is that permissible?
Answer: That is not permissible, because he is selling something before owning it.
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The muzāraʿah (share-cropping) contract
Question: There is an orchard planted with date-palms. The land belongs to the orchard owner, while a farmer cultivates and irrigates the palms. They agreed that, once the palms bear fruit, the farmer will receive one-third of the dates and of the firewood in return for his cultivation and irrigation. For more than twenty-five years, however, the orchard has not been watered. Does the farmer still have the right to take one-third of the dates and firewood?
Answer: The muzāraʿah contract is governed by whatever terms the two parties—the owner of the trees and the one who performs the work—have mutually agreed upon.