The debtor's delay in delivering the item of a forward sale
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The first and third questions of Fatwa No. ( 4789 )
Q1: About seven years ago, a person came to me and asked me to give him a loan for a period of one lunar year. I actually gave him one thousand riyals in cash, on the condition that he would pay me ninety sa' of coffee after a full year. This
The amount paid to an orphan, of whom I am the agent for his funds, and the one who took the loan is a wealthy person, but a lunar year has passed and more than six years have elapsed, and he has not paid what is in his debt. The agreed-upon price of the sa' of coffee when he took the loan was between thirty and thirty-five, and it was Yemeni coffee, but now the price of the sa' of Makkah coffee has become seventy riyals. I ask you to issue a ruling on this and to clear my conscience regarding it, for I do not possess anything from this except good for the owner of the amount and for the debtor. May Allah guide you to what is good and correct for Islam and the Muslims.
A1: If the situation is as described, you must demand from the debtor the coffee for which you made the forward sale, and it is not permissible for you to take compensation for it, neither in cash nor in any other goods, unless the orphan has reached maturity and is satisfied with taking the principal. In that case, he may take it, meaning: the principal only, or demand the coffee.
Q1: About seven years ago, a person came to me and asked me to give him a loan for a period of one lunar year. I actually gave him one thousand riyals in cash, on the condition that he would pay me ninety sa' of coffee after a full year. This
The amount paid to an orphan, of whom I am the agent for his funds, and the one who took the loan is a wealthy person, but a lunar year has passed and more than six years have elapsed, and he has not paid what is in his debt. The agreed-upon price of the sa' of coffee when he took the loan was between thirty and thirty-five, and it was Yemeni coffee, but now the price of the sa' of Makkah coffee has become seventy riyals. I ask you to issue a ruling on this and to clear my conscience regarding it, for I do not possess anything from this except good for the owner of the amount and for the debtor. May Allah guide you to what is good and correct for Islam and the Muslims.
A1: If the situation is as described, you must demand from the debtor the coffee for which you made the forward sale, and it is not permissible for you to take compensation for it, neither in cash nor in any other goods, unless the orphan has reached maturity and is satisfied with taking the principal. In that case, he may take it, meaning: the principal only, or demand the coffee.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.