Buying and Selling Banknotes (book): Difference between revisions
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In the fifth chapter, the author divides the opponents of the sale of banknotes into three groups: | In the fifth chapter, the author divides the opponents of the sale of banknotes into three groups: | ||
=== Group One: The Sale of Banknotes Does Not Correspond to a Customary Sale === | === Group One: The Sale of Banknotes Does Not Correspond to a Customary Sale === | ||
A group of jurists do not consider the buying and selling of banknotes to be an instance of sale from a customary perspective. The author cites statements from [[ | A group of jurists do not consider the buying and selling of banknotes to be an instance of sale from a customary perspective. The author cites statements from [[Sayyid Muhammad Baqir Sadr]], [[Naser Makarem Shirazi]], and [[Morteza Motahhari]] to explain this argument. According to Shahid al-Sadr, in all cases where the property is fungible (mithli)—even if that property is of the counted type—a credit exchange of it with an addition is not permissible and is considered an instance of forbidden interest-bearing loan. Yousefi, while endorsing Shahid al-Sadr's view, postpones his own arguments to later chapters (pp. 118-120). | ||
[[Naser Makarem Shirazi|Makarem Shirazi]] believes that there is no serious intent regarding the sale of banknotes because, in the custom of transactions, banknotes always function as the price (thaman), not the object of sale (muthman). Yousefi rejects this argument, considering the pillars of sale to be present in the sale of banknotes and finding serious intent for such a transaction to be possible (pp. 120-122). Morteza Motahhari has also considered the sale of banknotes to be non-customary by stating that in the exchange of two items of the same kind, a sale is not realized. However, the author believes that, according to narrations, the sale of two items of the same kind is reprehensible, not forbidden (pp. 122-124). | [[Naser Makarem Shirazi|Makarem Shirazi]] believes that there is no serious intent regarding the sale of banknotes because, in the custom of transactions, banknotes always function as the price (thaman), not the object of sale (muthman). Yousefi rejects this argument, considering the pillars of sale to be present in the sale of banknotes and finding serious intent for such a transaction to be possible (pp. 120-122). Morteza Motahhari has also considered the sale of banknotes to be non-customary by stating that in the exchange of two items of the same kind, a sale is not realized. However, the author believes that, according to narrations, the sale of two items of the same kind is reprehensible, not forbidden (pp. 122-124). | ||
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=== Group Three: The Impermissibility of Selling Banknotes on Credit === | === Group Three: The Impermissibility of Selling Banknotes on Credit === | ||
According to the third view, although the sale of banknotes is an instance of sale, selling them on credit is forbidden because it is an instance of a trick for an interest-bearing loan and entails a violation of the Lawgiver's purpose in prohibiting usury. The author places the views of [[Sayyid Ruhollah | According to the third view, although the sale of banknotes is an instance of sale, selling them on credit is forbidden because it is an instance of a trick for an interest-bearing loan and entails a violation of the Lawgiver's purpose in prohibiting usury. The author places the views of [[Sayyid Ruhollah Musavi Khomeini]] and [[Sayyid Ali Hosseini Khamenei]] in this third group. Yousefi endorses this view and believes that, given that [[rulings follow real interests and corruptions]], the correctness of this view becomes clear (pp. 135-138). | ||
== Arguments of Proponents of Selling Banknotes and Their Critique == | == Arguments of Proponents of Selling Banknotes and Their Critique == | ||
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In the final chapter of the book, the author examines the issue from the perspective of the presence or absence of a customary difference between the price and the object of sale and states the ruling for each. In his view, if the banknotes being bought and sold are customarily different, such that their difference leads to a difference in their value or a difference in their utility, then the pillars of the sale contract are complete, and such a transaction, whether in cash or on credit, is considered customarily valid and devoid of any religious impediment. However, if the banknotes acting as price and object of sale do not have a customary difference and a difference in utility, then custom and rational people do not engage in their cash sale because there is no motive for such a transaction. But if this transaction is done on credit, then although such an act is a sale in appearance, in the view of custom, this transaction is considered the same as a forbidden interest-bearing loan and is a type of usurious trick that is religiously prohibited (p. 168). | In the final chapter of the book, the author examines the issue from the perspective of the presence or absence of a customary difference between the price and the object of sale and states the ruling for each. In his view, if the banknotes being bought and sold are customarily different, such that their difference leads to a difference in their value or a difference in their utility, then the pillars of the sale contract are complete, and such a transaction, whether in cash or on credit, is considered customarily valid and devoid of any religious impediment. However, if the banknotes acting as price and object of sale do not have a customary difference and a difference in utility, then custom and rational people do not engage in their cash sale because there is no motive for such a transaction. But if this transaction is done on credit, then although such an act is a sale in appearance, in the view of custom, this transaction is considered the same as a forbidden interest-bearing loan and is a type of usurious trick that is religiously prohibited (p. 168). | ||
[[Category:Books on Economic Jurisprudence in Persian]] | [[Category:Books on Economic Jurisprudence in Persian]] | ||
[[Category:Books by Ahmad Ali Yousefi]] | [[Category:Books by Ahmad Ali Yousefi]] | ||
[[ | [[Category:Bibliography Articles]] | ||
[[fa:خرید و فروش اسکناس (کتاب)]] | [[fa:خرید و فروش اسکناس (کتاب)]] | ||