Fatwa ID: 22311
Title: Gold for gold and silver for silver
Category: Financial Transactions
Scholar: AMJA Resident Fatwa Committee
Date: 10/14/2012

Question

Please, explain to us in detail the Prophet’s Hadith, prayers and peace of Allah be upon him: “Gold for gold and silver for silver, …”, the Hadith, especially the pre-conditioning of similarity and bartering in case of similarity of kinds in selling and buying. What is the ruling if a man exchanged ordinary gold for inscribed (engraved) gold, because its production is better, but with the same weight, and the trader asked for a price difference for the quality of inscription?


Answer

If the kinds are differed in selling and buying, as gold for silver, then the similarity is pre-conditioning, and not the exchanging, … and credit is prohibited. Therefore, what is the ruling if he buys gold with credit card, for the paying is deferred, and the exchange may not happen on time. It is said that it is not permitted to buy with credit cards, on which instant cashing does not occur,… .

            A) And what is the difference between the preceding and the third point if gold is sold for wheat, then preferability and crediting are permissible,… As preferability is permissible for the difference of two kinds, so it is for the difference of two deadlines.

            B) How the credit card be categorized? And what is the ruling of buying gold with money by paying installments?

            C) If a person bought something with the credit card abroad, and after returning home, he paid the full payment with the difference of the currency with which he bought his items,… the question is: What is the ruling if the value of the money exchange was different, after his return, in increase or decrease?

            D) Some credit cards companies give the buyer some points through which he gets some benefits, such as travel tickets, or some percentage for every buying transaction is returned back to him, so, what is the ruling concerning that?

            E) Concerning the prohibition of trading in the forbidden items, and explaining the ruling on decorating clothes with gold and silver, and on the permissibility of gold, with the limit of four fingers in width or less, … what is the evidence on that limit which was maintained by some grand scholars, like Sheikh Al-Islam Ibn Taymiyah? And on what some men wear in some Arab countries like cloaks, some of which are embroidered with gold threads, so, is this considered the limit for containing other non-gold materials?

(N.B: the width of embroidery should not exceed four fingers, and the length more than that, which raises the value of the cloak up to $1,000.00 – 2,000.00 and sometimes more). Is this considered as a dress for celebrity?

            F) The issue of the prohibited sellings: The selling of the preserved for the preserved (Bayi’ Al-Kali’ bil-Kali’):

            In some countries, there are some government companies that serve the citizens by giving loans without interest for construction and building houses, …but, it takes more than 10 years from applying for a loan until getting it, then the person gets a number and waits until his turn comes.

            If another person came to him and said: I buy this number from you, for example with $100,000.00 on condition that the loan will be mine, and you have to pay back after cashing it, … and the sum of the loan is $150,000.00, … the first person profited by cashing the loan instantly and did not wait, … so, what is the ruling concerning that?

            G) As buying promotions here in the United States, some stores allow the return of the items within a month, and some others within two months, or even at any time you wish, and they refund you the full sum of money. Then, what is the ruling if the buying was not for owning, but for using and returning back within the permitted period of time, with the information that these stores accept the returned items even if they are used, and maybe they ask about the reason of the return and accept it from the buyer or for no reason… .

            H) Some commercial items are marked with the price tags, for example $50.00, with a $10.00 mail-in-rebate, what is the ruling about that?

            I) About the prohibition concerning selling one’s property on to another:

            If a Muslim puts a piece of land on sale, then another one offered to buy it and they agreed on that, then a neighbor of the first one heard about that and he expresses his wish to buy it and tells him not to sell it to anyone since he has the pre-emption right to buy it, because he is his neighbor. Therefore, is that way included in the prohibition issue? Is it included under the category of pre-emption right?

            J) A man died and left a fortune for his heirs, most of them were not adult yet, and his eldest son was the guardian on his brothers, and preserved the fortune to return it to them after they be adult enough, and traded with the capital money and invested it and made profits, too. And whenever one of his brothers was adult enough, he gave him his share from the stem of the capital by the Shari’ah share division.

Is his action right, or should he share with them in the profits as well? For information, he was the guarantor for their fortune even if he loses in his business (his deep intention, was to give them their shares from the fortune even if he lost or got in debt for that)?