Two Contracts in a Single Contract

প্রশ্ন · Question

Assalamu Alaikum, I am a young Muslim man from Tunisia who wants
to buy a car the Halal way, and someone directed me to companies
which offer long -term car rental with the possibility of ownership of
the car after the lease contract ends, which means there are two
separate contracts ... Is this allowed?
Wa Assalamu Alaikum wa Rahmatullahi wa Barakatuh.

উত্তর · Answer

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
Contracts in Islam are clear and simplified, one contract does not blend
with another, so its implementation does not depend on the
implementation of another contract, instead the contract is valid by
the conditions of concluding and the conditions of its validity, and

therefore the implementation is easy and simplified. It does not
involve complications and does not result in problems, as in the man -
made laws, whether capitalism or socialism or other...
The Messenger of Allah ﷺ has prohibited two contracts in one
contract, like if someone says: I sell to you this house of mine on
condition that I sell to you another house of mine for so much, or on
condition that you sell me your house, or on condition that you marry
your daughter to me. This is not valid because his saying I sold you my
house, this is "one contract", and his saying on condition that you sell
me your house is a "second contract", and they gathered in a single
contract, so this is not permitted. For it was narrate d by Ahmad Abdul
Rahman bin Abdullah bin Masood, from his father, he said: «
اللهِ صلَ الله عليه وسلم عَنْ صَفْقَتَيْْ ِ ف ِي صَفْقَةٍ وَاحِدَةٍ Messenger of Allah ﷺ
has forbidden two contacts in one contract” Which means the
presence of two contracts in a single contract.
Therefore, what you asked about is two agreements in a single
agreement, for it is a contract of lease to a certain period of time, for
example ten years, then after that it becomes a contract of sale. These
two agreements, i.e. lease and sales in a single contract contracted by
the owner of the car with the tenant are in one contract. And this,
based on the above mentioned Hadith is not permitted.
If you want a solution to this issue, you can agree with a seller to buy
from him a car in installments, so that you pay an initial down payment
and then monthly installments until you complete the amount
payment you agreed upon at the beginning of the contract, and in this
case, the car is yours according to the contract of sale agreeable at the
beginning. This contract is a contract of sale on installments which is
permissible and nothing wrong in it, on the condition that the sale
price is specified in cash or in installments at the beginning of the
contract, and the sale is contracted on what the two contracors
mutually agreed upon . So if they both agree over a specific price, and

the seller sells to the buyer for the immediate price and the buyer
accepts, or he sells for the deferred price and the buyer accept, then
this is valid, as it is bargaining over the sale price, and is not a sale. And
bargaining is permitted, because the Prophet ﷺ bargained. Anas bin
Malik, narrated that the Messenger of Allah ﷺ sold a blanket (for a
horse or camel) and a drinking bowl, and said:ِي هَذَا الحِلْسَ
«
وَالقَدَحَ خَذْتُهُمَا بِدِرْهَمٍ، فَقَالَ النَّنرِيُّ صلَّ الله عليه وسلم:
َ
فَقَالَ رَجُلٌ: أ «
دِرْهَمٍ، مَنْ يَزِيدُ عَلََ دِرْهَمٍ؟ عْطَاهُ رَجُلٌ دِرْهَمَي ْ :
َ
فَأ « . “Who will buy
a drinking bowl and blanket?”. A man said: "I will take them for a
Dirham." So the Prophet ﷺ said: “Who will give more than a Dirham?
Who will give more than a Dirham?” A man agreed to give him two
Dirham, so he ﷺ sold them to him.
Imam Tirmidhi said: This is a Hasan Hadith, and the sell of an auction is
bargaining on which price the sale settles.
It was narrated by Ibn Majah in his Sunan from Suwaid bin Qais
said:نَا وَمَخْرَفَةُ الْعَبْدِيُّ بَزًّا مِنْ هَجَرَ، فَجَاءَنَا رَسُولُ اللَّىِ صلَّ الله عليه وسلم،
َ
جَلَبْتُ أ
فَسَاوَمَنَا سَََاو يلَ، وَعِنْدَنَا وَزَّانٌ يَز نُ بِالأَْجْر ، فَقَالَ لَهُ النَّنرِيُّ صلَّ الله عليه وسلم: «
رْجِحْ
َ
وَأ Makhrafah Al' Abdi and I brought linens from Hajar. The
Messenger of Allah ﷺ came to us to bargain with us with some
trousers. There was someone with me who weighed (the goods) in
exchange for a wage. So the Prophet ﷺ said to the one weighing:
“Weigh and add more.”". (Authenticated by Al-Albani)
Thus, the sale on installment is permitted because it is bargaining over
which of the two prices for sell. This is if there was a bargain over the
price of the good whether immediately or deferred, then the contract
occurred over one of the two specifically and individually. The majority
of the Fuqaha have stated that it is allowed to sell something for
greater than its daily price due to deferment, ie. due to delaying the
payment of the price. It is narrated that Tawoos, Al -Hakam and
Hammad they said that there is no harm if it is said: I sell to you in cash
for so much and in credit for so much, so he goes for one of the two.

Imam Ali (r.a) said: «
قبل الصفقة Whoever barigians for two prices, the first immediate
and the other delayed, then let him name one of the two before the
contract”
Accordingly, the solution is to rent a car or buy it in installments as
outlined above. Someone may say what is the difference between
buying it in installments and leasing it and then purchasing it in a single
contract, and the answer is: the difference is as huge as the difference
between Halal and Haram, and Allah ﷻ knows what benefits people
and what harms them, and what amends them and what corrupts
them,
﴿لََ يَعْلَمُ مَنْ خَلَقَ وَهُوَ اللهطِيفُ الْخَبِيُْ
َ
أ﴾
Should He not know, He that created? and He is the One that
understands the finest mysteries (and) is well -acquainted (with
them).”]Al-Mulk: 14[.
And the truth is more deserving of being followed, and Allah is the
Guide to the Straight Path.

Your brother,
Abu Yasin
17th Rabii’ Al-Awwal 1438 AH
16/12/2016 CE