that [payment], it has not entered his possession; it is merely a deposit in his hand. If it is lost or diminishes, it is at the risk of its owner. It is possible that it is at the risk of the one taking it if he took it with the intent of fulfillment, because it was taken under the premise that it is a substitute and a settlement, and that which is taken in a corrupt contract is like that which is taken in a valid contract regarding the existence or absence of liability. If a man has dinars with a money changer, and he takes dirhams from him as an installment, so that these are for those, it is not as such; rather, each one of them is a liability upon the one who took it. If they wish to exchange, they bring one of them and exchange it for a tangible object and a liability.
Section: It is permissible to receive payment of one of the two currencies using the other, and this is considered an exchange (sarf) involving a tangible object and a liability, according to the view of most scholars. Ibn Abbas, Abu Salamah ibn 'Abd al-Rahman, and Ibn Shubrumah prohibited this, and it was narrated from Ibn Mas'ud; because taking possession is a condition, and it was not fulfilled. Our evidence is what Abu Dawud and al-Athram narrated in their Sunan from Ibn Umar, who said: "I used to sell camels at al-Baqi', selling them for dinars and taking dirhams, and selling them for dirhams and taking dinars. I would take this for that, and give this for that. So I came to the Prophet (peace be upon him) in the house of Hafsah and said: 'O Messenger of Allah, be patient, I wish to ask you: I sell camels at al-Baqi', selling for dinars and taking dirhams, and selling for dirhams and taking dinars, taking this for that and giving this for that?' The Messenger of Allah (peace be upon him) said: 'There is no harm in taking them at the price of their day, as long as you do not separate while there is still something between you.'" Ahmad said: "He only pays him for them at the price." They did not disagree that he pays him for them at the price, except for what the proponents of personal opinion (Ashab al-Ra'y) said: that he pays him in their place with gold upon mutual agreement;
(12) Omitted from: The original. (13) In: Chapter on Receiving Gold for Silver, from the Book of Sales, Sunan Abi Dawud 2/224. It was also recorded by al-Tirmidhi in: Chapter on what has been said regarding Exchange, from the chapters of Sales, 'Aridat al-Ahwadhi 5/251; and al-Nasa'i in: Chapter on Selling Silver for Gold and Selling Gold for Silver, and the Chapter on Taking Silver for Gold, from the Book of Sales, al-Mujtaba 7/248, 249; and Ibn Majah in: Chapter on Receiving Gold for Silver and Silver for Gold, from the Book of Commerce, Sunan Ibn Majah 2/760.