I needed a sum of money, so my friend wanted to meet my need. He had gold, so he sold it and gave me the money, asking me to return to him a weight of new gold and to add to the weight a number of grams of new gold, giving me its value in cash. And
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The questioner : He says: I needed a sum of money one day, so a friend gave me gold to sell to meet my need. He asked me to return to him the weight of the gold in other, new gold, and to add to the weight a number of grams, giving me their value in cash. For example, he gave me used gold weighing fifty grams as a loan, and asked me to return this weight in new gold, and to add to the weight thirty grams of new gold, giving me their value in cash. We agreed that instead of giving me their value in cash, he would deduct that amount from the old gold. Is there any sin in such a transaction, or is it permissible?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, there is no doubt that a loan is an act of excellence (ihsan) when a person lends to someone in need; that is an act of excellence toward him, and Allah the Exalted loves those who do good. Therefore, it is recommended (mandub) to meet the need of one’s Muslim brother. However, it is obligatory (wajib) in this loan to proceed according to the rules of the Shari'ah. If he lends you something, you return its like. If he lends you gold jewelry, you return its like. If he lends you a garment, you return its like. And so on, for everything that has a like, you return its like without increase in number or quality. If the lender conditions that you return more than what he lent, that is forbidden (muharram) and usury (riba). This is because a loan is a favor, not an exchange or a profit-seeking venture. If it is diverted from the direction of favor to exchange and profit-seeking, it becomes a sale. It is well known that selling gold for gold is not permissible except hand-to-hand, like for like. Accordingly, what you did with your friend in borrowing this jewelry with this condition is forbidden (haram). It is not obligatory (wajib) for you to do anything other than return to him the like of what you took from him. The increase he conditioned is considered a void condition; it is not permissible for you to fulfill it, let alone that it is obligatory (wajib) for you to fulfill it. You must both adhere to what Allah and His Messenger prescribed. Indeed, the Messenger of Allah (peace and blessings be upon him) said:Sahih al-Bukhari 2729 If this is the case, then it is obligatory (wajib) for the believer in Allah and His Messenger to follow what the Shari'ah brought in his worship and his transactions. Yes.
The questioner : Does this mean this person is required to return to the one he borrowed from only the value of the old gold?
The Shaykh : Not its value.
The questioner : He gave it to him to sell in the market... and benefit from its value.
The Shaykh : What I understood from the question is that he gave him this gold as a loan, and the borrower is the one who sells it for himself in the market.
The questioner : ... .
The Shaykh : So the borrower now has jewelry established in his liability, not dirhams. But if the lender gave him this gold and said, "Take this on your behalf," meaning it is his property.
The questioner : Yes.
The Shaykh : The lender's property. So if you sold it, he has lent you.
The questioner : Its value?
The Shaykh : Its price.
The questioner : Yes.
The Shaykh : So yes, the borrower now has dirhams, not gold, and in that case, he returns to him the like of the dirhams for which he sold this jewelry.
The questioner : Yes, and if he gave him the gold?
The Shaykh : As for if he lent him the jewelry itself, he returns to him the like of his jewelry.
The questioner : The like of it?
The Shaykh : Yes.
The questioner : Meaning by its weight?
The Shaykh : Yes, by its weight and its quality, if possible, or less if the lender is satisfied.
The questioner : Yes.
The Shaykh : Because if he gives him less than his right and he is satisfied, there is no harm in that, and it is also better.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you with good.
This listener is from Bougie, Algeria.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions. As for what follows, there is no doubt that a loan is an act of excellence (ihsan) when a person lends to someone in need; that is an act of excellence toward him, and Allah the Exalted loves those who do good. Therefore, it is recommended (mandub) to meet the need of one’s Muslim brother. However, it is obligatory (wajib) in this loan to proceed according to the rules of the Shari'ah. If he lends you something, you return its like. If he lends you gold jewelry, you return its like. If he lends you a garment, you return its like. And so on, for everything that has a like, you return its like without increase in number or quality. If the lender conditions that you return more than what he lent, that is forbidden (muharram) and usury (riba). This is because a loan is a favor, not an exchange or a profit-seeking venture. If it is diverted from the direction of favor to exchange and profit-seeking, it becomes a sale. It is well known that selling gold for gold is not permissible except hand-to-hand, like for like. Accordingly, what you did with your friend in borrowing this jewelry with this condition is forbidden (haram). It is not obligatory (wajib) for you to do anything other than return to him the like of what you took from him. The increase he conditioned is considered a void condition; it is not permissible for you to fulfill it, let alone that it is obligatory (wajib) for you to fulfill it. You must both adhere to what Allah and His Messenger prescribed. Indeed, the Messenger of Allah (peace and blessings be upon him) said:
Any condition which is not in Allah's Laws is invalid even if there were a hundred such conditions. Allah's Rules are the most valid and Allah's Conditions are the most solid.
كل شرط ليس في كتاب الله فهو باطل وإن كان مائة شرط قضاء الله أحق وشرط الله أوْثقThe questioner : Does this mean this person is required to return to the one he borrowed from only the value of the old gold?
The Shaykh : Not its value.
The questioner : He gave it to him to sell in the market... and benefit from its value.
The Shaykh : What I understood from the question is that he gave him this gold as a loan, and the borrower is the one who sells it for himself in the market.
The questioner : ... .
The Shaykh : So the borrower now has jewelry established in his liability, not dirhams. But if the lender gave him this gold and said, "Take this on your behalf," meaning it is his property.
The questioner : Yes.
The Shaykh : The lender's property. So if you sold it, he has lent you.
The questioner : Its value?
The Shaykh : Its price.
The questioner : Yes.
The Shaykh : So yes, the borrower now has dirhams, not gold, and in that case, he returns to him the like of the dirhams for which he sold this jewelry.
The questioner : Yes, and if he gave him the gold?
The Shaykh : As for if he lent him the jewelry itself, he returns to him the like of his jewelry.
The questioner : The like of it?
The Shaykh : Yes.
The questioner : Meaning by its weight?
The Shaykh : Yes, by its weight and its quality, if possible, or less if the lender is satisfied.
The questioner : Yes.
The Shaykh : Because if he gives him less than his right and he is satisfied, there is no harm in that, and it is also better.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you with good.
This listener is from Bougie, Algeria.