Ruling on buying gold with a checkbook or a bank card
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What is the ruling on buying gold with a checkbook, where there may be no balance in it, or buying it with a bank card, which is very widespread among Muslims?
It is well known that if gold is bought with dirhams, the dirhams are the consideration for silver, and the sale of gold for silver requires the exchange of possession in the session of the contract. A check, even if it is certified—Meaning: that its balance is known—is not possession.And the evidence that it is not taking possession: If this check were destroyed, he would return to the one who gave it to him. So it is not possession. Yes, if it were assumed that the buyer, while in the seller's shop, called the bank and said to them: Transfer from my account to so-and-so's account, then this price is possession; because he transferred the amount to the seller's account in the same session.
But how does one act if he does not have dirhams with him?We say: Praise be to Allah, the matter is easy.He says to the seller: Keep the gold with you and do not sell it, and I will go to the house or the shop and bring the consideration. Then, after the consideration arrives, he transacts with him in a new contract, not the first contract.
As for the bank card, you buy everything with this card, even gold, and this is considered immediate payment. But this amount is not transferred to the seller's account until days later, so buying with the bank card is not permissible.
It is well known that if gold is bought with dirhams, the dirhams are the consideration for silver, and the sale of gold for silver requires the exchange of possession in the session of the contract. A check, even if it is certified—Meaning: that its balance is known—is not possession.And the evidence that it is not taking possession: If this check were destroyed, he would return to the one who gave it to him. So it is not possession. Yes, if it were assumed that the buyer, while in the seller's shop, called the bank and said to them: Transfer from my account to so-and-so's account, then this price is possession; because he transferred the amount to the seller's account in the same session.
But how does one act if he does not have dirhams with him?We say: Praise be to Allah, the matter is easy.He says to the seller: Keep the gold with you and do not sell it, and I will go to the house or the shop and bring the consideration. Then, after the consideration arrives, he transacts with him in a new contract, not the first contract.
As for the bank card, you buy everything with this card, even gold, and this is considered immediate payment. But this amount is not transferred to the seller's account until days later, so buying with the bank card is not permissible.