The Rule of Riba
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The first question of Fatwa No. ( 17321 )
Q1: What is the ruling if one buys pure gold on credit and buys it for cash as well?
A1 : The rule of riba: 1- If the 'illah (operative cause) and the genus of a ribawi item are the same, then excess and deferment are forbidden in it, such as gold for gold and silver for silver, even if one is good and the other is defective. 2- It is not permissible to sell gold or silver jewelry for its own genus for more than its weight in exchange for the craftsmanship. 3- If the 'illah of a ribawi item is the same but its genus differs, then excess is permissible, but deferment is forbidden, such as gold for silver; it is permissible to sell one for the other with excess, but the condition is that possession is exchanged in the contract session before parting.
4- If the 'illah and the genus differ, then both excess and deferment are permissible, such as gold for wheat and silver for barley. 5- It is not permissible to sell a ribawi item for its own genus, or with them or with one of them something of a different genus, such as a mudd of dates and a dirham for the same, or for two mudds and two dirhams, or a dinar and a dirham for a dinar. 6- The branches of the genera are genera according to the difference of their roots, so barley flour is a genus, and its bread is a genus, and so on. 7- It is not permissible to sell a ribawi item except by its Shari'ah standard, so equality is considered by weight for weighed items and by measure for measured items. 8- Similarity must be verified in what it is required for, and doubt in it is like the verification of excess. 9- The forbidden riba applies to things other than the six items mentioned in the texts, and it extends from them to everything annexed to one of them. The evidence for this is abundant, among which is the hadith of 'Ubadah ibn al-Samit (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said:Sahih Muslim 1587c narrated by Muslim and Ahmad . And what is authentic from him (peace and blessings be upon him) that he said: Sunan al-Bayhaqi 5:134 narrated by al-Athram and al-Tahawi. And what was narrated by Muslim and others from the hadith of Fadalah ibn 'Ubayd who said: Sahih Muslim 1591b. And what was narrated by Muslim and others from Jabir (may Allah be pleased with him) who said: Mishkat al-Masabih 2816. Based on what has been mentioned, it is not permissible to do what you mentioned in the question; because if gold is sold for its own genus -gold for gold- with excess and deferred, it involves riba al-fadl and riba al-nasi'ah, and if it is sold with similarity and deferred, it involves riba al-nasi'ah.
Q1: What is the ruling if one buys pure gold on credit and buys it for cash as well?
A1 : The rule of riba: 1- If the 'illah (operative cause) and the genus of a ribawi item are the same, then excess and deferment are forbidden in it, such as gold for gold and silver for silver, even if one is good and the other is defective. 2- It is not permissible to sell gold or silver jewelry for its own genus for more than its weight in exchange for the craftsmanship. 3- If the 'illah of a ribawi item is the same but its genus differs, then excess is permissible, but deferment is forbidden, such as gold for silver; it is permissible to sell one for the other with excess, but the condition is that possession is exchanged in the contract session before parting.
4- If the 'illah and the genus differ, then both excess and deferment are permissible, such as gold for wheat and silver for barley. 5- It is not permissible to sell a ribawi item for its own genus, or with them or with one of them something of a different genus, such as a mudd of dates and a dirham for the same, or for two mudds and two dirhams, or a dinar and a dirham for a dinar. 6- The branches of the genera are genera according to the difference of their roots, so barley flour is a genus, and its bread is a genus, and so on. 7- It is not permissible to sell a ribawi item except by its Shari'ah standard, so equality is considered by weight for weighed items and by measure for measured items. 8- Similarity must be verified in what it is required for, and doubt in it is like the verification of excess. 9- The forbidden riba applies to things other than the six items mentioned in the texts, and it extends from them to everything annexed to one of them. The evidence for this is abundant, among which is the hadith of 'Ubadah ibn al-Samit (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) said:
Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made hand to hand. If these classes differ, then sell as you wish if payment is made hand to hand.
الذهب بالذهب، والفضة بالفضة، والبر بالبر، والشعير بالشعير، والتمر بالتمر، والملح بالملح، مثلاً بمثل، سواء بسواء، يدًا بيد، فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم؛ إذا كان يدًا بيدGold for gold, weight for weight, silver for silver, weight for weight, wheat for wheat, measure for measure, barley for barley, measure for measure.
الذهب بالذهب وزنًا بوزن، والفضة بالفضة وزنًا بوزن، والبر بالبر كيلاً بكيل، والشعير بالشعير كيلاً بكيلI bought on the day (of the Victory of Khaibar) a necklace for twelve dinars (gold coins). It was made of gold studded with gems. I separated (gold from gems) in it, and found (gold) of more (worth) than twelve dinars. I made a mention of it to Allah's Apostle (ﷺ), whereupon he said: It should not be sold unless it is separated.
اشتريت قلادة يوم خيبر باثني عشر دينارًا فيها ذهب وخرز، ففصلتها فوجدت فيها أكثر من اثني عشر دينارًا، فذكرت ذلك للنبي صلى الله عليه وسلم؛ فقال: لا تباع حتى تفصلGod’s Messenger forbade selling a quantity of dates whose measure was unknown for a specific quantity of dates
نهى رسول الله صلى الله عليه وسلم عن بيع الصبرة من التمر لا يعلم كيلها بالكيل المسمى من التمر
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.