Is it permissible to borrow gold from private companies to open a shop with it and return it after a year as raw gold?
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Question : A man wants to open a gold shop and wants to borrow gold from one of the private jewelry companies. It is known that this gold is already manufactured, including rings, chains, and other items. The condition is that he returns the gold after a year with the same weight, but as unmanufactured gold, i.e., raw gold. The owner of the company refused to give him the borrower anything extra for the raw gold in exchange for the work, the handiwork, and the manufacturing that was in the gold he borrowed from him. What is the ruling on this extra amount? And does it fall under riba (usury or interest)?
Answer : In our view, yes, it is more severe than the extra amount, and that is delaying the possession. Gold for gold requires two things: first, equality in weight, and second, immediate exchange before separation. The scholars (may Allah have mercy on them) differed on whether, if it is raw gold as I mentioned and manufactured gold, is it permissible to add to the raw gold the equivalent of the craftsmanship? There are two opinions among the scholars. Some said it is permissible on the condition that the extra amount is only the value of the craftsmanship and does not exceed it. Others prohibited it to block the door, based on the hadith of Fadalah ibn 'Ubayd regarding his purchase of a necklace containing gold and beads. The Prophet (peace and blessings be upon him) said: "It is not permissible until it is separated." The necklace is undoubtedly manufactured, and he purchased it with dinars. There is no doubt that this is a barrier, because if the door were opened to people, they would say, for example, "This weighs a kilo and this weighs a kilo, but this is manufactured and this is not manufactured," and they would say the craftsmanship is, for example, so much, and they would add that, so the door would be corrupted. It is better and more preferable to hold the opinion that it is permissible to add the value of the craftsmanship, which is the choice of Shaykh Hasan ibn Taymiyyah and his student Ibn Qayyim. But not everything a person says is correct in all cases. The safest course is to say it is not permissible. And we say, praise be to Allah, the door is open. What does he do? He sells the gold. This is what the Muslim does, and the non-Muslim does not do it in this manner. There is no reason for it, and there is no problem.
Answer : In our view, yes, it is more severe than the extra amount, and that is delaying the possession. Gold for gold requires two things: first, equality in weight, and second, immediate exchange before separation. The scholars (may Allah have mercy on them) differed on whether, if it is raw gold as I mentioned and manufactured gold, is it permissible to add to the raw gold the equivalent of the craftsmanship? There are two opinions among the scholars. Some said it is permissible on the condition that the extra amount is only the value of the craftsmanship and does not exceed it. Others prohibited it to block the door, based on the hadith of Fadalah ibn 'Ubayd regarding his purchase of a necklace containing gold and beads. The Prophet (peace and blessings be upon him) said: "It is not permissible until it is separated." The necklace is undoubtedly manufactured, and he purchased it with dinars. There is no doubt that this is a barrier, because if the door were opened to people, they would say, for example, "This weighs a kilo and this weighs a kilo, but this is manufactured and this is not manufactured," and they would say the craftsmanship is, for example, so much, and they would add that, so the door would be corrupted. It is better and more preferable to hold the opinion that it is permissible to add the value of the craftsmanship, which is the choice of Shaykh Hasan ibn Taymiyyah and his student Ibn Qayyim. But not everything a person says is correct in all cases. The safest course is to say it is not permissible. And we say, praise be to Allah, the door is open. What does he do? He sells the gold. This is what the Muslim does, and the non-Muslim does not do it in this manner. There is no reason for it, and there is no problem.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 178 - 332 هل يجوز أن يستدين ذهبا من الشركات الخاصة ليفتح به محل ويعيده بعد سنة ذهبا خام؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.
