A woman who works in the buying and selling of gold, who has small earrings for girls and rings, and some women take what they want from this jewelry and pay the price
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The questioner : She says that she is a woman who works in the buying and selling of gold. She says: I have small earrings for girls, bracelets, and rings. Some women take what they want from this jewelry and pay me the price after one or two months because I trust them, and they are my neighbors in the neighborhood. Is this valid, O honorable Shaykh?
The Shaykh : Gold for gold, or if you wish, say: the exchange of gold for gold is not permissible except with two conditions. The first condition is similarity and equality in weight.
The questioner : Yes.
The Shaykh : Therefore, it is not permissible to sell gold for gold with an increase in one of them, whether this increase is of the same kind as gold, or of silver, or of paper currency. All of this is not permissible.
The second condition is the exchange of possession in the session of the contract. The evidence for this is the saying of the Prophet (peace and blessings be upon him):Sahih Muslim 1587c And based on this, if gold is sold for silver or paper currency, it is not permissible to separate from the session of the contract except by the taking of possession by both parties.
And based on this, we say in answer to this asking woman that it is not permissible for her to give the gold to the one who buys it without him delivering the price except after a period, because that is riba (usury or interest). But she says to the buyer who requests this gold: bring the price and the contract is completed. The buyer may find someone to lend to her.
The questioner : Yes.
The Shaykh : And she buys with it this jewelry. If it happens that she, meaning the buyer, is in need and she needs this jewelry, she may agree with the seller and say: keep this gold with you until I bring the price, then we will conclude the sale after I bring the price. Then there is no harm in this, because it may be permissible for the woman to have a type of jewelry with the seller, and she fears that it will be sold and she will miss out on it. So she agrees with the seller to keep it with her until she obtains the price.
The questioner : Very well.
The Shaykh : Then she comes and buys it at the price that was in place at the time of purchase. Yes.
The questioner : May Allah bless you. This listener, Yunus Ali, a Sudanese, says: O honorable Shaykh.
The Shaykh : Gold for gold, or if you wish, say: the exchange of gold for gold is not permissible except with two conditions. The first condition is similarity and equality in weight.
The questioner : Yes.
The Shaykh : Therefore, it is not permissible to sell gold for gold with an increase in one of them, whether this increase is of the same kind as gold, or of silver, or of paper currency. All of this is not permissible.
The second condition is the exchange of possession in the session of the contract. The evidence for this is the saying of the Prophet (peace and blessings be upon him):
Gold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made hand to hand. If these classes differ, then sell as you wish if payment is made hand to hand.
الذهب بالذهب، والفضة بالفضة، والبر بالبر، والتمر بالتمر، والشعير بالشعير، والملح بالملح، مثلاً بمثل، سواءً بسواء، يداً بيد، فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يداً بيدAnd based on this, we say in answer to this asking woman that it is not permissible for her to give the gold to the one who buys it without him delivering the price except after a period, because that is riba (usury or interest). But she says to the buyer who requests this gold: bring the price and the contract is completed. The buyer may find someone to lend to her.
The questioner : Yes.
The Shaykh : And she buys with it this jewelry. If it happens that she, meaning the buyer, is in need and she needs this jewelry, she may agree with the seller and say: keep this gold with you until I bring the price, then we will conclude the sale after I bring the price. Then there is no harm in this, because it may be permissible for the woman to have a type of jewelry with the seller, and she fears that it will be sold and she will miss out on it. So she agrees with the seller to keep it with her until she obtains the price.
The questioner : Very well.
The Shaykh : Then she comes and buys it at the price that was in place at the time of purchase. Yes.
The questioner : May Allah bless you. This listener, Yunus Ali, a Sudanese, says: O honorable Shaykh.