If a man wanted to borrow a sum in dollars from a man and then wanted to repay part of the debt in riyals?
Machine translationRead the Arabic original
The Shaykh : Yes.
The questioner : Then he wanted to repay him in another currency, such as the riyal, for example.
The Shaykh : Yes, indeed.
The questioner : Is that permissible or not...?
The Shaykh : I am not issuing a fatwa to you, I am not issuing a fatwa to you, because you are a man who understands and is good.
The questioner : Because I am...
The Shaykh : What do you say about the dirhams and dinars in the hadith of Ibn 'Umar, what is it like this case?
The questioner : Meaning the same applies...
The Shaykh : It applies, yes, it applies, but...
The questioner : The entire amount or...
The Shaykh : According to what they agree upon. According to what they agree upon.
The questioner : ...
The Shaykh : When he wanted to pay him, he said, "I will give you dollars instead of the dirhams," if they agree on that at the price of that day.
The questioner : No, he gives him part of the value.
The Shaykh : What contradicts, I give you fifty of the debt, and it is a hundred... I give you fifty in dollars.
The questioner : Yes.
The Shaykh : ... at the price of that day...
The questioner : Now, his saying ...
The Shaykh : There is nothing between them...
The questioner : ...
The Shaykh : Wait, there is nothing between them regarding what they contracted and sold half the debt for, and he determined its compensation as the whole, he sold the hundred for what he sold it for and gave only fifty.
The questioner : Meaning the intended substitute only.
The Shaykh : It is known, because this is what the contract was made upon, the other has no involvement in the matter, but if he said, "I lent you dirhams on the condition that you repay me in dollars."
The student: A loan that brings benefit...
The Shaykh : This is not permissible, it is not permissible, because it is a clear sale involving exchange, and a sale requires taking possession before parting.
The student: How is it an exchange, we did not understand?
The Shaykh : If you say, "I lent you one hundred Saudi riyals on the condition that you repay me in dollars," this is a sale.
The student: It is all one.
The Shaykh : No, it is not all one.
The student: What is the difference between dollars and riyals?
The Shaykh : The dollar increases and decreases.
The student: At the price of the day, at the price of the riyal...
The Shaykh : At the price of the day, it is not valid, it is not acceptable, at the price of the day, take the price present, cash, hand to hand, as the Messenger of Allah saidBulugh al-Maram 7:28 and the borrower is not giving dollars because he does not have them, every loan that stipulates being repaid in something else, did it become?
The student: It became an exchange.
The Shaykh : It became an exchange, it became an exchange, the rulings of buying and selling apply to it, because the lender did not want to return its equivalent, he wanted to return something else, so the result, the rule with us, every loan that stipulates repayment in something other than its kind, is it?
The student: An exchange.
The Shaykh : Then it is an exchange, the rulings of buying and selling apply to it, yes.
The reader: The author (may Allah have mercy on him) said: " And from 'Amr ibn Shu'ayb from his father from his grandfather (may Allah be pleased with them both) he said: The Messenger of Allah (peace and blessings be upon him) said "
The Shaykh : Allah (peace and blessings be upon him)...
The reader: "Jami` at-Tirmidhi 1234Sahih (Darussalam). The five narrated it, and al-Tirmidhi, Ibn Khuzaymah, and al-Hakim authenticated it. And he extracted it in the Sciences of Hadith, from the narration of Abu Hanifah, from the aforementioned 'Amr, with the wording " ..
The Shaykh : From the aforementioned 'Amr
The reader: From the aforementioned 'Amr
The Shaykh : This "and" is for the sake of 'Amr.
The reader: " From the aforementioned 'Amr with the wording:Bulugh al-Maram 7:25 And from this route, al-Tabarani extracted it in al-Awsat, and it is strange.
And from him (may Allah be pleased with him) he said:Bulugh al-Maram 7:26 Malik narrated it, he said: It reached me from 'Amr ibn Shu'ayb with it.
And from Ibn 'Umar (may Allah be pleased with them both) he said:Bulugh al-Maram 7:27 "
The Shaykh : ... Yes
The reader: " And from Ibn 'Umar (may Allah be pleased with them both) he said:Bulugh al-Maram 7:27 Ahmad and Abu Dawud narrated it, and the wording is his, and Ibn Hibban and al-Hakim authenticated it. ".
The questioner : Then he wanted to repay him in another currency, such as the riyal, for example.
The Shaykh : Yes, indeed.
The questioner : Is that permissible or not...?
The Shaykh : I am not issuing a fatwa to you, I am not issuing a fatwa to you, because you are a man who understands and is good.
The questioner : Because I am...
The Shaykh : What do you say about the dirhams and dinars in the hadith of Ibn 'Umar, what is it like this case?
The questioner : Meaning the same applies...
The Shaykh : It applies, yes, it applies, but...
The questioner : The entire amount or...
The Shaykh : According to what they agree upon. According to what they agree upon.
The questioner : ...
The Shaykh : When he wanted to pay him, he said, "I will give you dollars instead of the dirhams," if they agree on that at the price of that day.
The questioner : No, he gives him part of the value.
The Shaykh : What contradicts, I give you fifty of the debt, and it is a hundred... I give you fifty in dollars.
The questioner : Yes.
The Shaykh : ... at the price of that day...
The questioner : Now, his saying
There is nothing between them
وليس بينهما شيءThe Shaykh : There is nothing between them...
The questioner : ...
The Shaykh : Wait, there is nothing between them regarding what they contracted and sold half the debt for, and he determined its compensation as the whole, he sold the hundred for what he sold it for and gave only fifty.
The questioner : Meaning the intended substitute only.
The Shaykh : It is known, because this is what the contract was made upon, the other has no involvement in the matter, but if he said, "I lent you dirhams on the condition that you repay me in dollars."
The student: A loan that brings benefit...
The Shaykh : This is not permissible, it is not permissible, because it is a clear sale involving exchange, and a sale requires taking possession before parting.
The student: How is it an exchange, we did not understand?
The Shaykh : If you say, "I lent you one hundred Saudi riyals on the condition that you repay me in dollars," this is a sale.
The student: It is all one.
The Shaykh : No, it is not all one.
The student: What is the difference between dollars and riyals?
The Shaykh : The dollar increases and decreases.
The student: At the price of the day, at the price of the riyal...
The Shaykh : At the price of the day, it is not valid, it is not acceptable, at the price of the day, take the price present, cash, hand to hand, as the Messenger of Allah said
at the current rate so long as you do not separate leaving something still to be settled (from the exchange)
بسعر يومها ما لم تتفرّقا وبينكما شيءThe student: It became an exchange.
The Shaykh : It became an exchange, it became an exchange, the rulings of buying and selling apply to it, because the lender did not want to return its equivalent, he wanted to return something else, so the result, the rule with us, every loan that stipulates repayment in something other than its kind, is it?
The student: An exchange.
The Shaykh : Then it is an exchange, the rulings of buying and selling apply to it, yes.
The reader: The author (may Allah have mercy on him) said: " And from 'Amr ibn Shu'ayb from his father from his grandfather (may Allah be pleased with them both) he said: The Messenger of Allah (peace and blessings be upon him) said "
The Shaykh : Allah (peace and blessings be upon him)...
The reader: "
It is not lawful to lend and sell, nor two conditions in a sale, nor to profit from what is not possessed, nor to sell what one does not have.
لا يحل سلفٌ وبيع ، ولا شرطان في بيع ، ولا ربح ما لم يضمن ، ولا بيع ما ليس عندكThe Shaykh : From the aforementioned 'Amr
The reader: From the aforementioned 'Amr
The Shaykh : This "and" is for the sake of 'Amr.
The reader: " From the aforementioned 'Amr with the wording:
He [the Prophet (ﷺ)] forbade a transaction (combined with) a condition
نهى عن بيع وشرطAnd from him (may Allah be pleased with him) he said:
Allah's Messenger (ﷺ) forbade the type of transaction in which a security deposit was paid.
نهى رسول الله صلى الله عليه وسلم عن بيع العربانAnd from Ibn 'Umar (may Allah be pleased with them both) he said:
I bought some oil in the market
ابتعت زيتا في السوقThe Shaykh : ... Yes
The reader: " And from Ibn 'Umar (may Allah be pleased with them both) he said: