I need your assistance to clarify my position due to a situation that has arisen.

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Date: Tuesday,febuary 8th 2011

Category

Money Matters

Title

 

I need your assistance to clarify my position due to a situation that has arisen.

Question

I need your assistance to clarify my position due to a situation that has arisen.

In early December last year my neighbour requested my assistance to procure two vehicles for his company. I approached Ashraf a friend of mine who is a car dealer to supply the cars. He supplied the cars and was paid by the company direct. Ashraf and I had agreed a commission which was subsequently paid to me.

A week later Ashraf approached me and told me that he had a company which needed a new vehicle and that the company would pay after seven days. Ashraf said he did not have all the money to buy and supply the car. He asked me if I would like to invest with him. The car was going for US$44 000 and he only had US$14 000. He asked if I could give him US$30 000, and that he would sell the car for US$49 000 getting a profit of US$5 000 which was to be shared as follows; US$3000 for me and US$2000 for him. I told him that I did not have that much money on me and he asked if I could get a third party who would like to come in on this deal. I asked him how much of the profit would the third party get if he came in with that money. He told me from that from the US$5 000 profit we would share it as follows; Third party US $ 2 500, Ashraf and myself US$1 250 each.

I thereafter approached a friend of mine brother Yacub and explained to him the whole deal. Brother Yacub was hesitant at first and he said ‘I don’t trust Ashraf’. I told Yacub don’t worry you are going through me and that I had dealt with him before. I also assured brother Yacub that I will stand as a guarantor if anything happens and I will pay him back myself. He asked for some time to think about it, I approached him again the next day and asked if he had reached a decision. He agreed and gave the money to me.

I gave the money to Ashraf the car dealer and as promised in seven days the money was given back to me with the profit which I gave back to Yacub. On the 18th of December the car dealer approached me again and told me there was another deal like the first one. I went back to Yacub and told him there was another deal like the previous one. He gave me the money but said he wanted US$3 000 as his profit, we agreed and I gave the money to Ashraf. After seven days I went back to Ashraf to collect the money and found that he did not buy the car but deceived me and used the money for his own use. Ashraf is now saying that he has no money and that he is broke.

I made inquiries about Ashraf and found out that he owes a lot of people money and that he is bankrupt.

I would greatly appreciate your advice concerning the Shariat ruling in the repaying of my debt to brother Yacub

 

Answer

In the Name of Allāh, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.

Respected Brother

In order for us to issue a Shar’ie ruling on the matter, kindly clarify the following,

 

1) When brother Yaqub advanced the money for the second deal of 18 December, did Yaqub pay the full amount for the car, or did Ashraf and yourself also contribute to the amount as in the first instance?

2) Is Ashraf denying that he ever received the money or is he requesting for respite in repaying the amounts?

 

Jazakallah

 

Darul Iftaa

Madrasah Inaa’miyya