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Website of the Office of Grand Ayatullah Saanei :: Banks, Trading Cash and Checks

Banks, Trading Cash and Checks

Issue 1106: What a person receives from banks as loan or other contracts will be legal and permissible if the contract is legally concluded, even if they know that there are sums of illegal money in those banks and it is likely that the money they have received is paid from an illegal resource; but if they are certain that the money they have received is itself an illegal money, or a part of it is illegal, it will not be permissible to take possession of it and if they can not find the owner, they should, with the permission of a religious jurist treat it as a property whose owner is unknown, and there is no difference between foreign and domestic, or state and private banks.

Issue 1107: Interest received on Bank deposits which are lent to the banks by the clients are permissible and legal since the borrower is the bank; the banks can take possession of such deposits; such interests are legal for two reasons: first, some of these banks are supposed to pay interests on the deposits through investing them in legal transactions; second, a bank is not like a bankrupt and miserable person who would borrow money to repay their debts, but is a major active investor itself, so the illegality of interest does not apply to the ones received from such banks.

Q1108: Do the benevolent funds and cooperatives or banks have the right to charge people for the delay and commission of loan repayments?

A: If the commissions remain fixed for all loans, or if they charge in proportion to the amount of work they should do (like the increase of the number of promissory notes and other documents), it will be permissible, but if they change in proportion to the amount of the money which is being borrowed, it will be illegal as it is accounted neither a commission nor a fee. Obviously service fees do not change in proportion to the amount of the money being borrowed; as for the delay, if it is included in the contract, the lender may claim the compensation.

Q1109: What will the verdict be if one makes short-term or long-term deposits in banks to earn interest on them?

A: Since banks invest the deposits in legal transactions and commandites, the interest earned on such deposits is legal and permissible.

Q1110: How are the prizes awarded by banks regarded in jurisprudence?

A: They are regarded as gifts; besides, any person has the legal authority over their personal property and thus can transfer it to someone else in return for no charge if they wish, although this is not among the common contracts.

Q1111: What is the verdict on trading bills, checks and promissory notes?

A: If it is due to compulsion and out of necessity, it is considered as usury and thus illegal, and nothing would justify it, but if it is done for the purpose of handling one’s business so that it would cause economic dynamism, and if both sides benefit from such transactions, one should, as a precaution, take any justifiable course of action to avoid making such transactions, and basically such interest transactions are not permissible.

Q1112: A person holding a 100,000-toman check is in need for cash. Is it permissible to cash their timed check drawn for a distant time to come?

A: If the person holding the check does this as a business out of which they make a gain, or at least they do not get involved in paying illegal interest, it is permissible; but if the seller of the check does this to get rid of their financial problems and to alleviate their misery, they must know that such things would make things worse and are by no means legal and permissible; such things cannot justify usury; and how is it possible to deem such an illegal act exchanging Dirham of which is more deadly a sin than is committing seventy cases of incest beside ka’aba legal? Generally speaking, receiving interest from a person who is in misery and deserves help and charity is certainly considered illegal and unjustifiable; but to receive interest from those who make reasonable and financial gains out of the money they borrow is not considered a case of illegal usury and due to the satisfaction of both sides of the contract, it is permissible.

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