Transferring money via the merchant's device in exchange for taking cash
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, if I need a sum of money and look for an ATM but do not find one nearby, so I go to the owner of a commercial establishment that has a terminal for accessing the network,
The Shaykh:
Yes.
The questioner:
If I need a sum of money and look for an ATM but do not find one nearby, so I go to the owner of a commercial establishment that has a terminal for accessing the ATM network for the purpose of selling to people by transferring money from the buyer's account to the seller's account immediately. My question is: if I ask him to transfer via the device he has, to transfer one thousand riyals from my account to his account, and he hands me the same amount from his shop or his pocket, what is the ruling? And what is the ruling if he conditions that I buy from him, and I am in need of buying from him, and his price is very suitable for me?
The Shaykh:
This is what is suitable, because it is a currency exchange. You take cash from him and transfer it to your balance, you transfer it to your balance in the bank. This is a currency exchange, and hand-to-hand exchange is required. It is not permissible except with hand-to-hand exchange. You receive the cash and he hands you the equivalent. As for you taking cash from him and transferring it to your balance, which is something absent, that is not sufficient. The Messenger (peace and blessings be upon him) said: Gold for gold and silver for silverMusannaf Ibn Abi Shaybah 12:621 So hand-to-hand exchange is required.
And it is not permissible for you to combine selling him goods and exchanging with him in dirhams, because this is combining two contracts, two sales, a sale and a currency exchange. And the Prophet (peace and blessings be upon him) forbade two sales in one sale. Yes.
Honorable Shaykh, may Allah grant you success, if I need a sum of money and look for an ATM but do not find one nearby, so I go to the owner of a commercial establishment that has a terminal for accessing the network,
The Shaykh:
Yes.
The questioner:
If I need a sum of money and look for an ATM but do not find one nearby, so I go to the owner of a commercial establishment that has a terminal for accessing the ATM network for the purpose of selling to people by transferring money from the buyer's account to the seller's account immediately. My question is: if I ask him to transfer via the device he has, to transfer one thousand riyals from my account to his account, and he hands me the same amount from his shop or his pocket, what is the ruling? And what is the ruling if he conditions that I buy from him, and I am in need of buying from him, and his price is very suitable for me?
The Shaykh:
This is what is suitable, because it is a currency exchange. You take cash from him and transfer it to your balance, you transfer it to your balance in the bank. This is a currency exchange, and hand-to-hand exchange is required. It is not permissible except with hand-to-hand exchange. You receive the cash and he hands you the equivalent. As for you taking cash from him and transferring it to your balance, which is something absent, that is not sufficient. The Messenger (peace and blessings be upon him) said: Gold for gold and silver for silver
Like for like, hand to hand. And when these categories differ, sell as you wish, provided it is hand to hand.
مِثْلا بِمِثْلٍ يَدًا بِيَدٍ فَإِذَا اخْتَلَفَتْ هَذِهِ الأَصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ إِذَا كَانَ يَدًا بِيَدٍAnd it is not permissible for you to combine selling him goods and exchanging with him in dirhams, because this is combining two contracts, two sales, a sale and a currency exchange. And the Prophet (peace and blessings be upon him) forbade two sales in one sale. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 36 من 89|شرح العدة في شرح العمدة|كتاب الوصايا|فصل في حكم بطلان الوصية|صالح الفوزان|الفقه — youtube.com (1:12:09)
The Arabic text is a machine transcription of the audio recording.
