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Fatwa CenterMaking up false sales to get money from the bank
Question
A man purchased the house of his father via an Islamic bank so that his father would receive the price in cash. He agreed with his father on that. However, the bank refuses to give cash to his father. What is the ruling on this? Is this Ribaa (interest or usury)?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu 'alyhi wa sallam, is His slave and Messenger.
This agreement between the man and his father is not permissible because it was not intended to conclude a real sale as clearly indicated. It is a trick to take cash from the bank, which they would then settle by giving the bank more money at a deferred term. This is indeed Ribaa, and the means to achieve it is the selling of the house.
It should be noted that a means that is employed to get a forbidden thing is itself forbidden.
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