Receiving a certified check: Is it taking possession of the price in a salam contract?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, is receiving the certified check considered taking possession of the price in a salam sale?
Answer:
What is the logic? I differ with the answer because it is taking possession. We say the certified check is in the position of the price, but this has not been established, because the check is merely a piece of paper. The paper is like a bill or a document only. How is it taking possession? The price is taking possession of the money. He did not take possession of the money. The check is a piece of paper. If the paper is taken and it is lost, the money is not lost for him. But if the money is taken and it is lost, it is lost for him. As for if the check is taken and it is lost, nothing is lost for him. The money is not lost for him? Because it is a debt, of course. Yes.
The presenter:
Hmm.
He says: Honorable Shaykh, may Allah grant you success, is receiving the certified check considered taking possession of the price in a salam sale?
Answer:
What is the logic? I differ with the answer because it is taking possession. We say the certified check is in the position of the price, but this has not been established, because the check is merely a piece of paper. The paper is like a bill or a document only. How is it taking possession? The price is taking possession of the money. He did not take possession of the money. The check is a piece of paper. If the paper is taken and it is lost, the money is not lost for him. But if the money is taken and it is lost, it is lost for him. As for if the check is taken and it is lost, nothing is lost for him. The money is not lost for him? Because it is a debt, of course. Yes.
The presenter:
Hmm.
Source
شرح زاد المستقنع [51] — alfawzan.live (1:11:57)
The Arabic text is a machine transcription of the audio recording.