The ruling if one of the two parties in a currency exchange says: We separated before taking possession, or claims the contract was annulled, and the other denies it
Machine translationRead the Arabic original
The questioner : Yes. And if one of the two parties in a currency exchange says, “We separated before taking possession,” and claims the contract was annulled, and you deny it,
The Shaykh : In my opinion, I deposited it as a copy.
The questioner : And if one of the two parties in a currency exchange says, “We separated before taking possession,” or claims the contract was annulled and the other denies it, the claim of the one asserting the validity is accepted; because the default is in his favor,
The Shaykh : The two parties in a currency exchange are the two in which one sold gold to the other, and the other sold silver to him. Yes. The claim of the one asserting validity is accepted. This is the default. The default is that if one claims a contract is defective and the other claims it is valid, the claim of the one asserting validity is accepted, unless something is found that contradicts that.
The Shaykh : In my opinion, I deposited it as a copy.
The questioner : And if one of the two parties in a currency exchange says, “We separated before taking possession,” or claims the contract was annulled and the other denies it, the claim of the one asserting the validity is accepted; because the default is in his favor,
The Shaykh : The two parties in a currency exchange are the two in which one sold gold to the other, and the other sold silver to him. Yes. The claim of the one asserting validity is accepted. This is the default. The default is that if one claims a contract is defective and the other claims it is valid, the claim of the one asserting validity is accepted, unless something is found that contradicts that.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4277] الحكم إن قال أحد المتصارفين: تفرقنا قبل القبض، أو ادعى فسخ العقد، وأنكره الآخر — youtube.com
The Arabic text is a machine transcription of the audio recording.
