مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٦١٤ - MISCELLANEOUS PROBLEMS
more is charged for these banknotes as compared with other things
belonging to the same genus, it is not usury. And similarly if a person
is responsible to pay these banknotes byway of debt it is not usury to
make their transaction for cash whether it is more or less. For example,
if a person has to take $ ١٠.٠٠٠ from another person and hemakes a
transaction with regard to it for $ ٩,٠٠٠ in cash, it is not usury as
has been explained by the late Ayatullah Yazdi in Article ٥٦ of
Mulhaqatul Urwah. He says:"The banknotes are computed (i.e. they are
counted and are not weighed or measured) and they do not belong to the
genus of naqdain (i.e. gold and silver) and have a fixedvalue and the
orders pertaining to gold and silver do not apply to them. Hence it is
permissible to sell them for other banknotes at a higher or lower price.
And similarlythe order of "Surf" does not apply to them in accordance
with which it is obligatory that possession be taken in the assembly.
٢٨٤٤. The pronote of currencies of which
dealings take place among the people do not themselves carry any value
and are not the basis of transaction. The basis oftransaction is those
currencies of which these pronotes are a means of proof. For example, a
person sells a cart load of wheat for $ ٢٠٠٠ and obtains a two months
pronotefor it. Then he sells his claim for $ ١٠٠ less i.e. for $ ١٠٠٠ in
cash and the pronote is in proof of the claim of $ ٢٠٠٠. And the proof
of the fact that a pronotedoes not carry any value is that if you sell a
cart load of wheat for $ ٢٠٠٠ and if the buyer gives you that amount
his responsibility ends, but if he gives you a pronote hisresponsibility
does not come to an and he remains indebted to you until he pays the
amount of $ ٢٠٠٠. And if the pronote is lost or burnt even then the
buyerremains responsible and must pay the price of wheat. However, if he
pays $ ٢٠٠٠ to the seller in cash and the amount is lost or burnt, it
is the seller who sustains the lossand the buyer has nothing to do with
it.