The ruling on the fixed-term telephone card and the reason for the prohibition
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The questioner:
Honorable Shaykh, a questioner says: You have mentioned the prohibition of the prepaid telephone card known as "Sawa." If this is established from you, what is the reason for the prohibition?
The Shaykh:
Yes. I say that it is not permissible because it is fixed-term. If the time passes and you have not used it, it is lost and your money is gone.
This falls under the category of lease. They leased you the telephone to speak on it, and a lease is not fixed-term. A lease is not fixed-term. The lease that is fixed-term is a lease on the item itself, whereas a lease on the use is not fixed-term. So they took your money, and you are entitled to benefit from it until you exhaust this fee. For what reason do they make your money lawful for themselves?
A general lease does not combine a fixed term with the lease; rather, it is open-ended. So if you come to a washer and give him your clothes, the garment for one riyal, and say to him, "On the condition that you wash it within three days," or sew it within three days, and he washes it after three days or sews it after three days, you are not entitled to anything. We say this is invalid. This is invalid. A general lease is not fixed-term, yes.
The specific worker is the one who is fixed-term. He works for you one day or two days, building for you. But a general worker, one who sits and sews clothes or washes clothes, his term is not fixed. Yes. Because what is required is only the work. Yes.
The questioner:
May Allah reward you. Honorable Shaykh, a questioner says: What is your opinion?
The Shaykh:
If they wash it after three days, you have fixed three days for him. If they wash it or sew it, is his work lost? It is not lost. Yes.
The presenter:
May Allah reward you
Honorable Shaykh, a questioner says: You have mentioned the prohibition of the prepaid telephone card known as "Sawa." If this is established from you, what is the reason for the prohibition?
The Shaykh:
Yes. I say that it is not permissible because it is fixed-term. If the time passes and you have not used it, it is lost and your money is gone.
This falls under the category of lease. They leased you the telephone to speak on it, and a lease is not fixed-term. A lease is not fixed-term. The lease that is fixed-term is a lease on the item itself, whereas a lease on the use is not fixed-term. So they took your money, and you are entitled to benefit from it until you exhaust this fee. For what reason do they make your money lawful for themselves?
A general lease does not combine a fixed term with the lease; rather, it is open-ended. So if you come to a washer and give him your clothes, the garment for one riyal, and say to him, "On the condition that you wash it within three days," or sew it within three days, and he washes it after three days or sews it after three days, you are not entitled to anything. We say this is invalid. This is invalid. A general lease is not fixed-term, yes.
The specific worker is the one who is fixed-term. He works for you one day or two days, building for you. But a general worker, one who sits and sews clothes or washes clothes, his term is not fixed. Yes. Because what is required is only the work. Yes.
The questioner:
May Allah reward you. Honorable Shaykh, a questioner says: What is your opinion?
The Shaykh:
If they wash it after three days, you have fixed three days for him. If they wash it or sew it, is his work lost? It is not lost. Yes.
The presenter:
May Allah reward you
Source
قناة «العلامة الدكتور صالح الفوزان»، 01 من 17 / شرح العقيدة السفارينية / صالح الفوزان / العقيدة / كبار العلماء — youtube.com (1:03:17)
The Arabic text is a machine transcription of the audio recording.
