Section Five: Currency Exchange with Deposits


Currency exchange with deposits [432] - As if a person deposits with another person a sum of money in Riyals, then engages in a currency exchange, exchanging it for Dinars, and receives the Dinar currency without presenting the deposited amount (the money in Riyals). is permissible, according to the Shafi'i [433] -The Shafi'i jurists have stipulated this in cases where the deposited (dinar) is known to remain.     " Al-Umm" by Al-Shafi'i (3/32); "Al-Bayan fi Madhhab al-Imam al-Shafi'I" by Al-Imrani (5/181);    "Bahr al-Madhhab" by Al-Ruyani (4/454). and Hanbali [434] - The Hanbali scholars have stipulated this in cases where the deposited (dinar) is either known or presumed to remain.     " Al-Iqnaʿ" by Al-Hajjawi (2/122); "Kashshaf al-Qinaʿ" by Al-Buhuti (3/270);     See: "Al-Mughni " by Ibn Qudamah (4/44). schools, and it is the opinion of some Maliki scholars [435] - See: "Al-Muntaqa" by Al-Baji (4/263). .
This is for the following reasons:
Firstly: Because the depositor has the right to dispose of the deposit through borrowing, and he is the owner of it since it is in his possession; it is valid for him to assume at the time of the exchange that he has borrowed it, thus it becomes a debt upon him, and then he proceeds with the exchange [436] - See the previous source (or reference). .
Secondly: Because the deposit is known or presumed to remain with the depositor, which eliminates uncertainty [437] - See: "Kashshaf Al-Qinaʿ" by Al-Buhuti (3/270) .