The Ruling on Hawalah When the Description Differs
Machine translationRead the Arabic original
The questioner : Honorable Shaykh, may Allah bless you, regarding the case where the two types differ according to the school of jurisprudence, is hawalah (transfer of debt) permissible? For example, exchanging dollars for riyals?
The Shaykh : It is not permissible. This is a difference in description, and it is not permissible.
The questioner : If it is based on the issue.
The Shaykh : And I do not know, for there is a contradiction in this, because the genus has differed.
The questioner : All right, Shaykh, if they agree that whenever the amount differing from the transferred amount is received, he converts it to the same currency and returns it.
The Shaykh : It is not permissible if it is a condition. However, if he does it after they have agreed on the value at the time of receipt, there is no harm.
The Shaykh : It is not permissible. This is a difference in description, and it is not permissible.
The questioner : If it is based on the issue.
The Shaykh : And I do not know, for there is a contradiction in this, because the genus has differed.
The questioner : All right, Shaykh, if they agree that whenever the amount differing from the transferred amount is received, he converts it to the same currency and returns it.
The Shaykh : It is not permissible if it is a condition. However, if he does it after they have agreed on the value at the time of receipt, there is no harm.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4724] حكم الحوالة مع اختلاف الصفة - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.