❖ Question:
Is it permissible that a buyer has ₨150,000 in hand, while the motorcycle costs ₨297,000, and a third party purchases it and sells it on installments for ₨325,000?
❖ Answer by Shaykh ʿAbd al-Wakeel Nasir ḥafiẓahullāh:
In this scenario, there are three involved parties:
① The buyer (who wants the motorcycle)
② The showroom or seller
③ A third party (who buys and resells it on installments at a higher price)
This method is not permissible unless the third party first purchases and takes possession of the motorcycle.
✔ The Correct Shari'ah-Compliant Method:
◈ The third party must first buy the motorcycle from the showroom and take it into its possession
(either the motorcycle itself or its legal documents must come under their ownership and control).
◈ After this, they may sell it at any price, including ₨325,000 or more, on an installment basis to the buyer.
✖ Reason for Prohibition in the First Case:
If the third party buys the motorcycle directly for the buyer and sells it to him on installments without taking possession,
then this falls under “Bayʿ Qabl al-Qabd” (selling before taking possession),
which is prohibited in Shari'ah.
✔ Clarification of the Valid Process:
➤ Possession: The motorcycle must enter the ownership and control of the third party first.
➤ Installment Contract: Only after taking possession, may the third party sell the motorcycle
— at any agreed price — through monthly or scheduled installments (e.g., over three or six months), which is permissible.
Summary:
The third party must first take possession of the motorcycle.
Only then can it be sold on installments to the buyer.
This is the correct and Shari'ah-compliant method.
