Selling used gold and buying new gold from the same seller
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The first question of Fatwa No. ( 1974 )
Q1: The content is that a person comes to him with used gold, so he buys it from him, and its value is known in riyals. Before paying the value in that place and time, he buys from the seller who sold him the used gold some new gold, or its value is known, and the buyer pays the remainder due to him. Is this permissible, or is it necessary to deliver the full value of the first item to the seller, and then the seller delivers the value of what he bought of new gold from that money or from other money?
A1: In such a case, it is obligatory to pay the value of the used gold. Then, after receiving the value, the seller has the choice: if he wishes, he buys new gold from the one he sold to, or from someone else. If he buys from him, he returns to him his money or other currency as the value of the new gold, so that the Muslim does not fall into the forbidden riba (usury or interest) in selling a defective item of a ribawi (usurious) type for a good one in differing amounts. This is based on what was narrated by al-Bukhari and Muslim (may Allah have mercy on them both),Muwatta Malik 31:22 .
Q1: The content is that a person comes to him with used gold, so he buys it from him, and its value is known in riyals. Before paying the value in that place and time, he buys from the seller who sold him the used gold some new gold, or its value is known, and the buyer pays the remainder due to him. Is this permissible, or is it necessary to deliver the full value of the first item to the seller, and then the seller delivers the value of what he bought of new gold from that money or from other money?
A1: In such a case, it is obligatory to pay the value of the used gold. Then, after receiving the value, the seller has the choice: if he wishes, he buys new gold from the one he sold to, or from someone else. If he buys from him, he returns to him his money or other currency as the value of the new gold, so that the Muslim does not fall into the forbidden riba (usury or interest) in selling a defective item of a ribawi (usurious) type for a good one in differing amounts. This is based on what was narrated by al-Bukhari and Muslim (may Allah have mercy on them both),
that the Messenger of Allah, may Allah bless him and grant him peace, appointed a man as an agent in Khaybar, and he brought him some excellent dates. The Messenger of Allah, may Allah bless him and grant him peace, said to him, "Are all the dates of Khaybar like this?" He said,"No. By Allah, Messenger of Allah! We take a sa of this kind for two sa or two sa for three." The Messenger of Allah, may Allah bless him and grant him peace, said, "Do not do that. Sell the assorted ones for dirhams and then buy the good ones with the dirhams."
أن رسول الله صلى الله عليه وسلم استعمل رجلاً على خيبر، فجاءه بتمر جنيب -جيد- فقال: أكُلُّ تمر خيبر هكذا؟، قال: لا، إنا لنأخذ الصاع من هذا بالصاعين، والصاعين بالثلاثة، فقال له النبي صلى الله عليه وسلم: لا تفعل، بع الجمع -أي: التمر الذي أقل من ذلك- بالدراهم، ثم ابتع بالدراهم جنيبًا
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.