Fatwa No : 83109
ruling on giving money as a loan after selling gold, and then taking gold instead of money in return

ruling on giving money as a loan after selling gold, and then taking gold instead of money in return

What do the respected Ulama of Islam and the learned muftis of Shari'ah decree in this matter:

I, named Umar Daraz, son of Gulzar Ahmad, gave a divorce to my wife, for which I have received a fatwa from your institution. The issue is this:

Before giving the divorce, there came a time when I needed money because I was constructing a house. My wife had some gold. Initially, we thought of keeping it in trust somewhere and taking a loan against it, but we were not successful in doing so.

With the permission and consultation of her parents, my wife had the gold sold on her own. She had not brought the gold to our house; rather, it was kept at her maternal uncle's home. In the process of selling it, her maternal uncle, another person, and my brother were involved. I was not involved in the transaction at all.

Anyway, these individuals sold my wife's jewelry and gave me sixty thousand rupees at that time. I had promised that I would return the amount once my BC money came through. However, I was unable to repay it.

Now, after the divorce, they are insisting that I give them eight tolas (approximately 93.3 grams) of gold. They are refusing to accept the sixty thousand rupees. I am saying that they gave me money, and I had promised to return the same amount, not gold. But they are adamant that I must return eight tolas of gold, which has now become very expensive.

In the light of the Qur’an and Hadith, please explain: Am I obligated to return sixty thousand rupees or eight tolas of gold?

الجوابُ حامِدا ًو مُصلیِّا ً

If at the time of taking the mentioned amount of sixty thousand rupees, it was clearly stated that the amount would be returned once the pension (or money) is received, and there has indeed been a delay in repaying it, then even after all this time, the inquirer is only obligated to repay the original amount of sixty thousand rupees — no more than that.

However, if he wishes to give more out of his own free will and happiness, he is allowed to do so, but he cannot be compelled to pay anything beyond the agreed amount.

مأخَذُ الفَتوی

کما فی حاشية ابن عابدين: وكذلك لو قال أقرضني عشرة دراهم غلة بدينار، فأعطاه عشرة دراهم فعليه مثلها، ولا ينظر إلى غلاء الدراهم، ولا إلى رخصها، وكذلك كل ما يكال ويوزن فالقرض فيه جائز، وكذلك ما يعد من البيض والجوز اهـ و في الفتاوى الهندية: استقرض حنطة فأعطى مثلها بعدما تغير سعرها يجبر المقرض على القبول اھ (5/ 162)۔