Does a check serve as possession in currency exchange?
Machine translationRead the Arabic original
Question:
Please, Honorable Shaykh, may Allah grant you success. There is a currency exchange where we buy pounds. The buyer writes a check to the bank to be cashed in his country. Does the check count as possession?
Answer:
No, a check does not count as possession. Because if it is lost, you would go back to them. If it were actual possession, you would not go back to them if the check was lost, because you would have received your right. It is not possession; it is a document. It is a document, and if it is lost, you go back to them and they pay you your right. This indicates that you did not receive your right from them, but rather they gave you this check as a document, and your right was lost with them. It would not be lost if you had received it. They would say, "No, you took your right; you have nothing with us." Yes. I am coming. Although they say that a certified check serves as possession. But it is not correct that it serves as possession, as evidenced by what I mentioned to you: if it is lost, even if it is certified, if it is lost or destroyed, you go back to them and take your right. So if you had received your right with this thing, you would not have gone back to them, and you would have had no claim against them. Yes. No, it is not by consensus, but by the majority. And the attendees are few; they are not all the members. There are members who did not attend. Yes.
Please, Honorable Shaykh, may Allah grant you success. There is a currency exchange where we buy pounds. The buyer writes a check to the bank to be cashed in his country. Does the check count as possession?
Answer:
No, a check does not count as possession. Because if it is lost, you would go back to them. If it were actual possession, you would not go back to them if the check was lost, because you would have received your right. It is not possession; it is a document. It is a document, and if it is lost, you go back to them and they pay you your right. This indicates that you did not receive your right from them, but rather they gave you this check as a document, and your right was lost with them. It would not be lost if you had received it. They would say, "No, you took your right; you have nothing with us." Yes. I am coming. Although they say that a certified check serves as possession. But it is not correct that it serves as possession, as evidenced by what I mentioned to you: if it is lost, even if it is certified, if it is lost or destroyed, you go back to them and take your right. So if you had received your right with this thing, you would not have gone back to them, and you would have had no claim against them. Yes. No, it is not by consensus, but by the majority. And the attendees are few; they are not all the members. There are members who did not attend. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 10 من 89|شرح العدة في شرح العمدة|البيوع|باب الربا|صالح الفوزان|الفقه|كبار العلماء — youtube.com (53:45)
The Arabic text is a machine transcription of the audio recording.
