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[The Ruling on Overreaching the Unsuspecting Buyer When He Is an Oppressor]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 20250
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[The Ruling on Overreaching the Unsuspecting Buyer When He Is an Oppressor]
Fatwa number: 20250
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Question

Question: An oppressor may come to the seller and buy without haggling, then say, “How much is the total?” Is it permissible for the seller to raise the price against this oppressor because he is an oppressor?

Answer

The answer—and Allah is the granter of success—is that overreaching the unsuspecting is ribā, as in certain reports. One may also adduce Allah’s saying: “Do not consume one another’s wealth unjustly, except that it be trade by mutual consent among you …” [An-Nisā’:29]. On that basis, it is not permissible to overreach the unsuspecting—absolutely—whether he is an oppressor or not.
There is a situation in which it may be permissible: namely, if this oppressor holds rights that belong to the seller; then it is permissible for the seller to take from the oppressor an amount equivalent to those rights.
The evidence for that is Allah’s saying, Exalted is He: “So whoever has transgressed against you—then transgress against him in a like manner as he transgressed against you.” [Al-Baqarah:194], and His saying: “The recompense of an evil deed is an evil one like it …” [Yūnus:27], and similar passages are many in the Qur’an.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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