Ruling on the lender’s condition that the loan be repaid in a different currency
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Question: I borrowed one hundred Jordanian dinars from one of my brothers to send to my family in Egypt. I bought two hundred dollars from this amount, and I was left with approximately six dinars and four hundred fils from the sum. After I sent the money to my family, the price of the dollar rose, so the dollar became (650) fils instead of (465) fils at the time I borrowed the money. When the brother felt the continuous rise in the exchange rate of the dollar, he said to me: I will not take from you anything other than (200) dollars, and he did not accept the amount in dinars as he had taken it from me, knowing that he had not stipulated this upon me when I borrowed the money. I said to him: We will enter into a transaction involving riba (usury or interest), and in an action that leads us to falling into the sin of Allah the Exalted, but he did not listen to this, assuming that if he had exchanged the amount at that time, he would have obtained (200) dollars. I asked some of my brothers who are students of knowledge, and they advised me not to pay him the amount in dollars, but rather that it is obligatory for me to pay him in dinars as I took it. In fact, one of them said: If he does not listen to the word of Allah , then the court is before him.
Knowing that this brother has now traveled to Egypt, and he is waiting for the repayment of the amount in dollars. What has made the problem more complicated is: how do I return the amount to him in dinars, when the exchange rate of the dinar in Egypt differs from its rate here? So, do I settle the amount to him in Egyptian pounds according to the rate of the dinar at that time...?
Answer: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother / M. M. A, may Allah grant him success.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I refer to your inquiry, registered with the General Secretariat of the Committee of Senior Scholars under number: 6862, dated 26/10/1409 AH, which stated: (I borrowed one hundred Jordanian dinars from one of my brothers to send to my family in Egypt. I bought two hundred dollars from this amount, and I was left with approximately six dinars and four hundred fils from the sum. After I sent the money to my family, the price of the dollar rose, so the dollar became (650) fils instead of (465) fils at the time I borrowed the money. When the brother felt the continuous rise in the exchange rate of the dollar, he said to me: I will not take from you anything other than (200) dollars, and he did not accept the amount in dinars as he had taken it from me, knowing that he had not stipulated this upon me when I borrowed the money. I said to him: We will enter into a transaction involving riba (usury or interest), and in an action that leads us to falling into the sin of Allah the Exalted, but he did not listen to this, assuming that if he had exchanged the amount at that time, he would have obtained (200) dollars. I asked some of my brothers who are students of knowledge, and they advised me not to pay him the amount in dollars, but rather that it is obligatory for me to pay him in dinars as I took it. In fact, one of them said: If he does not listen to the word of Allah, Glorified and Exalted is He, then the court is before him. Knowing that this brother has now traveled to Egypt, and he is waiting for the repayment of the amount in dollars. What has made the problem more complicated is: how do I return the amount to him in dinars, when the exchange rate of the dinar in Egypt differs from its rate here. So, do I settle the amount to him in Egyptian pounds according to the rate of the dinar at that time...?).
I inform you that you must return the dinars as you borrowed them; do not exchange them for Egyptian pounds or dollars, as long as repaying the loan in dinars is possible and the currency is in circulation. However, if you agree with your partner to give him another currency at the rate of the dinars at the time of payment, there is no harm in that; for it is established in the hadith of Ibn Umar (may Allah be pleased with him and his father) who said: I said: O Messenger of Allah, I sell camels at al-Baqi', so I sell for dinars and take dirhams, and I sell for dirhams and take dinars; I take this from that and give this from that. The Messenger of Allah (peace and blessings be upon him) said:Sunan Abi Dawud 3354Da'if (Al-Albani). It was narrated by the five, and al-Hakim graded it as authentic.
The General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Knowing that this brother has now traveled to Egypt, and he is waiting for the repayment of the amount in dollars. What has made the problem more complicated is: how do I return the amount to him in dinars, when the exchange rate of the dinar in Egypt differs from its rate here? So, do I settle the amount to him in Egyptian pounds according to the rate of the dinar at that time...?
Answer: From Abdulaziz ibn Abdullah ibn Baz, to the honorable brother / M. M. A, may Allah grant him success.
Peace be upon you, and Allah’s mercy and blessings, and after that:
I refer to your inquiry, registered with the General Secretariat of the Committee of Senior Scholars under number: 6862, dated 26/10/1409 AH, which stated: (I borrowed one hundred Jordanian dinars from one of my brothers to send to my family in Egypt. I bought two hundred dollars from this amount, and I was left with approximately six dinars and four hundred fils from the sum. After I sent the money to my family, the price of the dollar rose, so the dollar became (650) fils instead of (465) fils at the time I borrowed the money. When the brother felt the continuous rise in the exchange rate of the dollar, he said to me: I will not take from you anything other than (200) dollars, and he did not accept the amount in dinars as he had taken it from me, knowing that he had not stipulated this upon me when I borrowed the money. I said to him: We will enter into a transaction involving riba (usury or interest), and in an action that leads us to falling into the sin of Allah the Exalted, but he did not listen to this, assuming that if he had exchanged the amount at that time, he would have obtained (200) dollars. I asked some of my brothers who are students of knowledge, and they advised me not to pay him the amount in dollars, but rather that it is obligatory for me to pay him in dinars as I took it. In fact, one of them said: If he does not listen to the word of Allah, Glorified and Exalted is He, then the court is before him. Knowing that this brother has now traveled to Egypt, and he is waiting for the repayment of the amount in dollars. What has made the problem more complicated is: how do I return the amount to him in dinars, when the exchange rate of the dinar in Egypt differs from its rate here. So, do I settle the amount to him in Egyptian pounds according to the rate of the dinar at that time...?).
I inform you that you must return the dinars as you borrowed them; do not exchange them for Egyptian pounds or dollars, as long as repaying the loan in dinars is possible and the currency is in circulation. However, if you agree with your partner to give him another currency at the rate of the dinars at the time of payment, there is no harm in that; for it is established in the hadith of Ibn Umar (may Allah be pleased with him and his father) who said: I said: O Messenger of Allah, I sell camels at al-Baqi', so I sell for dinars and take dirhams, and I sell for dirhams and take dinars; I take this from that and give this from that. The Messenger of Allah (peace and blessings be upon him) said:
There is no harm in taking them at the current rate so long as you do not separate leaving something to be settled.
لا بأس أن تأخذها بسعر يومها، ما لم تفترقا وبينكما شيءThe General President of the Departments of Research
Scientific, Ifta, Da'wah, and Guidance
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
