Ruling on selling gold via a bank card
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What is the ruling on buying gold from gold shops via a bank card (the Saudi network), where some shops have a device for this purpose? Is this considered taking possession?
If he buys gold, is it sufficient for him to give the bank card? Yes.
On the condition that the money is transferred from the buyer's account to the seller's account at the same time. If that is the case, then it is taking possession. However, a mere check, even if it is certified, is not taking possession.
The questioner: He takes it from the exchange and then goes to the bank.
The Shaykh: No.
I heard that there is a card that is inserted into the device and then it is transferred to the other person's account. The important thing is that if that is the case, then it is taking possession. However, a mere transfer is not taking possession.And the evidence that it is not taking possession: If this check is lost, does the one who received the check have recourse against its owner or not?The questioner: Yes, he has recourse.
The Shaykh: He has recourse?The Shaykh: A certified check transferred to a bank, or to Al-Rajhi, a certified check from the same bank, and it is lost from you. Do you have recourse against him or not?The questioner: He has recourse.
The Shaykh: Strange! The questioner: He has recourse against the account to be compensated.
The Shaykh: Do you have recourse against him or not?The questioner: You have recourse.
The Shaykh: You have recourse?The questioner: By Allah, according to my information.
The Shaykh: Really! If I gave you the price in cash and it was lost from you, do you have recourse against me or not?The questioner: No, you do not have recourse.
The Shaykh: Therefore, the check is not taking possession; it has become a transfer. It cannot be taking possession until you go to the bank to which it was transferred and it is deducted from the buyer's account to your account.
If he buys gold, is it sufficient for him to give the bank card? Yes.
On the condition that the money is transferred from the buyer's account to the seller's account at the same time. If that is the case, then it is taking possession. However, a mere check, even if it is certified, is not taking possession.
The questioner: He takes it from the exchange and then goes to the bank.
The Shaykh: No.
I heard that there is a card that is inserted into the device and then it is transferred to the other person's account. The important thing is that if that is the case, then it is taking possession. However, a mere transfer is not taking possession.And the evidence that it is not taking possession: If this check is lost, does the one who received the check have recourse against its owner or not?The questioner: Yes, he has recourse.
The Shaykh: He has recourse?The Shaykh: A certified check transferred to a bank, or to Al-Rajhi, a certified check from the same bank, and it is lost from you. Do you have recourse against him or not?The questioner: He has recourse.
The Shaykh: Strange! The questioner: He has recourse against the account to be compensated.
The Shaykh: Do you have recourse against him or not?The questioner: You have recourse.
The Shaykh: You have recourse?The questioner: By Allah, according to my information.
The Shaykh: Really! If I gave you the price in cash and it was lost from you, do you have recourse against me or not?The questioner: No, you do not have recourse.
The Shaykh: Therefore, the check is not taking possession; it has become a transfer. It cannot be taking possession until you go to the bank to which it was transferred and it is deducted from the buyer's account to your account.