اسم الکتاب : مسائل المنتخبه (Articles Of Islamic Acts) المؤلف : الخوئي، السيد أبوالقاسم الجزء : 1 صفحة : 481
the condition that after a few days he will take a larger amount from
him (for example, he gives $ 990 to him and stipulates that after ten
days he will take $ 1000 from him in another city) and if these amounts
of money (i.e. $ 990 and $ 1000) are, for example, made of gold and
silver the transaction is interest which is unlawful. However, if the
person who is taking some amount in excess gives some commodity against
the excess amount or performs some task there is no harm in this
arrangement. Nevertheless, there is no harm if something more is taken
in the case of common banknotes which are counted, except when a person
has given the same as loan and imposed the condition of excess payment. 2297. If a creditor has to take something from
another person, the debtor, and that thing does not belong to the genus
of gold and silver and of the things whichare weighed or measured, he
can sell that thing to the debtor or any other person at a lower price
and realize it in cash. On this basis in the present times the creditor
cansell the drafts and promissory notes received by him from the debtor
to the bank or some other person at a price lower than the amount of
debt payable to him (which is calledNuzul in common parlance) and can
take the remaining amount in cash, because dealings with regard to
common banknotes is not weighed or measured.
ORDERS REGARDING GIVING A REFERENCE (HAWALA) 2298. If a debtor gives his creditor a reference
to the effect that he should realize his debt from the third person and
the creditor accepts the arrangement thethird person will, on
completion of the reference, become the debtor and thereafter the
creditor cannot demand his debt from the first debtor. 2299. The debtor and the creditor should be adult and sane and none should have coerced them and they should not be
اسم الکتاب : مسائل المنتخبه (Articles Of Islamic Acts) المؤلف : الخوئي، السيد أبوالقاسم الجزء : 1 صفحة : 481