The debtor is obligated to deliver the right owed to him at the time of the transaction
Machine translationRead the Arabic original
Question: If a person has a claim against another for Arabian dirhams, as the price of real estate, a measured commodity, or something similar, from a long time ago, such as ten years, when the prevailing price was silver, and the owner of the right asks his debtor to give him his claim in silver, since the sale and purchase took place before the introduction of paper money, and the debtor says: I will give you your claim in paper money—the currency in circulation today—and the owner of the claim accepts nothing but silver Arabian dirhams, is the debtor obligated to deliver the silver of the owner of the right, or is he not obligated to do so, but rather has the choice between delivering paper money or silver?
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh / A. A. Y. - Judge of al-Shu'ayb - may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 19/4/1384 AH has reached you, may Allah guide you, and I was pleased by it to learn of your good health, praise be to Allah for that. The response was delayed due to the pressure of work, may Allah make the outcome good. I have considered what it contained regarding two questions: the first is: If a person has a claim against another for Arabian dirhams, as the price of real estate, a measured commodity, or something similar, from a long time ago, such as ten years, when the prevailing price was silver, and the owner of the right asks his debtor to give him his claim in silver, since the sale and purchase took place before the introduction of paper money, and the debtor says: I will give you your claim in paper money—the currency in circulation today—and the owner of the claim accepts nothing but silver Arabian dirhams, is the debtor obligated to deliver the silver of the owner of the right, or is he not obligated to do so, but rather has the choice between delivering paper money or silver?
The answer: I have considered this issue in the words of the scholars of knowledge, and it appeared to me that the correct view is to obligate the debtor to deliver the right owed to him at the time of the transaction, which is silver currency, and there is nothing that necessitates deviating from it. It is not hidden from someone like you that Muslims are bound by their conditions, that what is taken by the hand must be delivered until it is paid, and that the customary condition is like the verbal one, and I do not know of anything that necessitates abandoning these principles. Silver currency exists, praise be to Allah, and its high price does not prevent its delivery, just as if it were the prevailing currency.
As for if it becomes difficult to obtain, the obligatory thing is its value at the time of its unavailability, in gold or other things between which there is no usury of excess.
As for taking paper money from him with an increase, I have doubt about it, and the most cautious thing is to leave it; due to the saying of the Prophet (peace and blessings be upon him):Sunan an-Nasa'i 5711Sahih (Darussalam), and the hadith of al-Nu'man regarding leaving doubtful matters.
And taking paper money for silver in unequal amounts contains doubt, as far as I know, and I ask Allah for you, for me, and for all our brothers, success in attaining the truth, with which He sent His Messenger Muhammad (peace and blessings be upon him).
Answer: From 'Abd al-'Aziz ibn 'Abd Allah ibn Baz to the honorable brother, the virtuous Shaykh / A. A. Y. - Judge of al-Shu'ayb - may Allah guide him to all good, amen.
Peace be upon you, and Allah's mercy and blessings. After that:
Your letter dated 19/4/1384 AH has reached you, may Allah guide you, and I was pleased by it to learn of your good health, praise be to Allah for that. The response was delayed due to the pressure of work, may Allah make the outcome good. I have considered what it contained regarding two questions: the first is: If a person has a claim against another for Arabian dirhams, as the price of real estate, a measured commodity, or something similar, from a long time ago, such as ten years, when the prevailing price was silver, and the owner of the right asks his debtor to give him his claim in silver, since the sale and purchase took place before the introduction of paper money, and the debtor says: I will give you your claim in paper money—the currency in circulation today—and the owner of the claim accepts nothing but silver Arabian dirhams, is the debtor obligated to deliver the silver of the owner of the right, or is he not obligated to do so, but rather has the choice between delivering paper money or silver?
The answer: I have considered this issue in the words of the scholars of knowledge, and it appeared to me that the correct view is to obligate the debtor to deliver the right owed to him at the time of the transaction, which is silver currency, and there is nothing that necessitates deviating from it. It is not hidden from someone like you that Muslims are bound by their conditions, that what is taken by the hand must be delivered until it is paid, and that the customary condition is like the verbal one, and I do not know of anything that necessitates abandoning these principles. Silver currency exists, praise be to Allah, and its high price does not prevent its delivery, just as if it were the prevailing currency.
As for if it becomes difficult to obtain, the obligatory thing is its value at the time of its unavailability, in gold or other things between which there is no usury of excess.
As for taking paper money from him with an increase, I have doubt about it, and the most cautious thing is to leave it; due to the saying of the Prophet (peace and blessings be upon him):
Leave that which makes you doubt for that which does not make you doubt.
دع ما يريبك إلى ما لا يريبكAnd taking paper money for silver in unequal amounts contains doubt, as far as I know, and I ask Allah for you, for me, and for all our brothers, success in attaining the truth, with which He sent His Messenger Muhammad (peace and blessings be upon him).
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.