Resolutions of Iftaa' Board



Resolutions of Iftaa' Board

Resolution No.(78): “Ruling on Selling Gold Jewels for Native Gold of Unequal Weight“

Date Added : 02-11-2015

 

Resolution No.(78) by the Board of Iftaa`, Research and Islamic Studies:

“Ruling on Selling Gold Jewels for  Native Gold of Unequal Weight“

Date: 27/4/1425 AH, corresponding to 16/6/2004 AD.

 

 

Question:

What is the ruling when a goldsmith offers gold jewels of a particular weight as a loan to a dealer of jewels in return for a particular wage, then the latter settles that loan by giving the former an equal amount of Native gold by installments, in addition to the agreed upon wage ?

Answer: All success is due to Allah.

The Board is of the view that it is permissible to sell formed gold for Native gold of unequal weight, considering the extra weight as a compensation for the workmanship, whether the sale was by cash or by installments (1) unless this gold was intended for its price, and this is the view adopted by Ibn Taymyah, Ibn Al-Qayiim, Alhasan, Ibrahim, Al-Sho`abi, Moaweiyah Bin Abi Sufian and Al-Hasan Al-Bassri.

Evidences supporting this view are as follows:

1- Formed  gold(final product)used for women`s ornament is classified, through the allowed workmanship, amongst the permitted manufactured items such as clothes and goods, and as it isn`t intended for its price and is set for trading, there is no harm in selling it for Native gold of an unequal weight.

2- Formed gold has an advantage over Native gold because of the workmanship; therefore, it is permissible to sell it for Native gold of unequal weight, where the difference in weight compensates for the workmanship.

3- Banning such a sale does harm to the interests of craftsmen, because this means that they stop producing golden ornaments as they receive nothing in return for their workmanship in case they sold these for an equal amount of Native gold.

4- Prophetic narrations prohibit selling gold for gold of unequal weight in case it was intended for its price, and this is mentioned in the Hadith narrated by Abu Hurairah: “Gold is to be paid for by gold with equal weight, like for like, and silver is to be paid for by silver with equal weight, like for like. He who made an addition to it or demanded an addition dealt in usury.” {Muslim}.This is because the reason behind prohibiting usury in gold and silver is intending their prices, so once they aren`t intended as such, it becomes permissible to sell gold for gold of equal weight, and the same applies to silver.

The prohibition also applies to using utensils made of gold or silver as well as wearing gold by men since the Prophet (PBUH) forbade such things.

Moreover, the prohibition extends to other items which aren`t made by man such as dates, for good and bad dates are the creation of Allah, so selling dates for dates of unequal weight is forbidden.

This is indicated in the Hadith narrated by Abu Saeid Alkhudari and Abu Hurairah (May Allah Be Pleased with them): “Allah's Messenger (PBUH) appointed somebody as a governor of Khaibar. That governor brought to him an excellent kind of dates (from Khaibar). The Prophet (PBUH) asked: "Are all the dates of Khaibar like this?" He replied: "By Allah, no, O Allah's Messenger (PBUH)! But we barter one Sa of this (type of dates) for two Sas of dates of ours and two Sas of it for three of ours." Allah's Messenger (PBUH) said: "Do not do so (as that is a kind of usury) but sell the mixed dates (of inferior quality) for money, and then buy good dates with that money." {Bukhari}.

Although the Board is of the view that such an act is permissible, it recommends avoiding  it, save when deemed necessary.

Note (1): The transaction mentioned in the above question contradicts the Prophet`s Hadith: “Don't sell gold for gold unless equal in weight “ {Bukhari&Muslim}.

This Hadith mentions gold in general; therefore, the questioner should first sell the formed gold for dinars, then buy the gold that he wants  in order to avoid usury as mentioned in the Hadith of Abu Sa'eed Al-Khudri. And Allah Knows Best.

 

Iftaa` Board
Chairman of the Iftaa` Board, Chief Justice, Izzaldeen Al-Tamimi
Dr. Wasif Al-Bakhri
Dr. Abdulsalam  Al-Abbadi
Dr. Yousef Ghyzaan
Dr. Moh. Abu Yahia
Sheikh Sae`id Hijjawi
Sheikh Abdulkareem Khasawneh

 

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Summarized Fatawaa

Must a person refrain from eating for the rest of the day if they break a fast of a vow (nadhr) or a make up fast (qada)?

 

Whoever observes a vowed fast (nadhr) or a makeup fast (qada) is prohibited from breaking it without a valid excuse. If they break it without a legitimate reason, they are sinful.
However, they are not required to refrain from eating for the rest of the day, because such restraint is only required out of respect for the month of Ramadan, not for other types of fasting.

Must a woman seek her husband's permission to fast a make up fast (qada)?

● If there is ample time to make up for the missed fasts, a woman should seek her husband's permission before fasting.
● However, if the time is running out—such as when only the remaining days of Sha'ban are sufficient to complete the qada—she does not need his permission and must fast, because Allah’s command takes precedence over the husband's consent.

What is the ruling on using moisturizing creams on the skin during the day in Ramadan?

Using moisturizing creams on the skin does not break the fast because they do not enter the body cavity (jauf). Any absorption that occurs through the skin pores does not count as entering through an open passage.

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.