What is the ruling on purchasing gold from shops via a bank card?
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The questioner : What is the ruling on purchasing gold from gold shops via the Saudi bank card network, given that some shops have a device for this purpose? Is this considered possession (qabd)?
The Shaykh : He asks: If he buys gold, is it sufficient to give him the bank card? The answer is 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, this is possession. However, a mere check, even if it is certified, is not possession.
The questioner : ...
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 point is, if that is the case, this is possession. But a mere transfer is not possession. The evidence that it is not possession is: if this check is lost, does the one who received the check have the right to claim it back from its owner, or not? I am asking you.
The questioner : He claims it back. Yes, he claims it back.
The Shaykh : He claims it back.
The questioner : But he has no right to cash it; he cannot cash it...
The Shaykh : A certified check that you transferred to a bank, or to Al-Rajhi Bank, a certified check from the same bank, and it was lost from you. Do you claim it back from him, or do you not claim it back?
The questioner : He claims it back.
The Shaykh : Respond
The questioner : He claims it back; he compensates.
The Shaykh : Do you claim it back from him, or do you not claim it back?
The questioner : He claims it back.
The Shaykh : returned
The questioner : By Allah, according to my information...
The Shaykh : ... Be firm. Do you claim it back from him, or do you not claim it back?
The questioner : By Allah, he claims it back.
The Shaykh : Okay, if I gave you the price in cash and it was lost from you, do you claim it back from him, or do you not claim it back?
The questioner : No, you do not claim it back.
The Shaykh : Okay, so the check did not become possession. The check did not become possession; it became a transfer. It cannot be considered possession until you go to the bank to which you transferred it, and it is deducted from the buyer's account to your account.
The questioner : May Allah reward you with good
The Shaykh : Okay.
The questioner : Okay.
The Shaykh : Okay, Yasar.
The Shaykh : He asks: If he buys gold, is it sufficient to give him the bank card? The answer is 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, this is possession. However, a mere check, even if it is certified, is not possession.
The questioner : ...
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 point is, if that is the case, this is possession. But a mere transfer is not possession. The evidence that it is not possession is: if this check is lost, does the one who received the check have the right to claim it back from its owner, or not? I am asking you.
The questioner : He claims it back. Yes, he claims it back.
The Shaykh : He claims it back.
The questioner : But he has no right to cash it; he cannot cash it...
The Shaykh : A certified check that you transferred to a bank, or to Al-Rajhi Bank, a certified check from the same bank, and it was lost from you. Do you claim it back from him, or do you not claim it back?
The questioner : He claims it back.
The Shaykh : Respond
The questioner : He claims it back; he compensates.
The Shaykh : Do you claim it back from him, or do you not claim it back?
The questioner : He claims it back.
The Shaykh : returned
The questioner : By Allah, according to my information...
The Shaykh : ... Be firm. Do you claim it back from him, or do you not claim it back?
The questioner : By Allah, he claims it back.
The Shaykh : Okay, if I gave you the price in cash and it was lost from you, do you claim it back from him, or do you not claim it back?
The questioner : No, you do not claim it back.
The Shaykh : Okay, so the check did not become possession. The check did not become possession; it became a transfer. It cannot be considered possession until you go to the bank to which you transferred it, and it is deducted from the buyer's account to your account.
The questioner : May Allah reward you with good
The Shaykh : Okay.
The questioner : Okay.
The Shaykh : Okay, Yasar.