Fatwa ID: 79848
Title: Buying a house from a bank that owns the house after foreclosure
Category: Financial Transactions
Scholar: Dr.Salah Al-Sawy
Date: 09/02/2009

Question

Asalamu Alykum wa Rahmatullaahi wa Barakatuh, Your brother Sufyaan from Canada, my question, O Dear Respected Sheikh, consists of two parts:  1. I have been renting for more than 7 years and I am married, a father for a child who’s age is close to 2 years, and I wish to leave my house due to the arrival of young men who now live next to me; loud noise everyday and what follows thereof from drinking alcohol and we seek refuge, is it permissible to buy a house foreclosed by the Usurious Bank from its original owner because he didn’t finish paying for it. 2. If it’s permissible, then how can the banking relationship be done through legitimate installments, provided that I own a quarter of the cost of purchase?  May Allah bless you.


Answer

In the name of Allaah, the Benevolent, the Merciful. All praise is due to Allaah, and peace and blessings be upon the messenger of Allaah, upon his family, companions, and those loyal to him.

 

If you possess the cost of the house in cash, or you found one who can lend you this amount in a good loan (i.e. free of interest), or someone who can sell to you this house through Murabaha and divide the cost for you in installments, then there is no burden on you.  As for interest-based lending from the bank to buy a house, then it is not allowed except in cases of dire need.  And Allaah, the Most High, knows best.