Am I entitled to claim the profits on a sum of money due to me that remained with a gold merchant for over 20 years, especially since he traded with it during this period?
The question comprises several matters:
1. Selling gold in installments (delivery at a later date) in another country is impermissible because it involves riba an-nasi'ah (riba of delay). It is a condition that possession be taken at the time of the contract when selling gold for money.
2. Regarding the demand from an usurper for an increase in money in return for investing it, there is a difference of opinion among jurists: Does the profit follow the capital (the view of the Hanafis and Hanbalis) or does it follow the effort expended (the view of the Malikis and Shafi'is)? It is preferable to refer the matter to an Islamic court.
3. The of the three men upon whom the rock fell does not support what the questioner mentioned, because the man invested the worker's wage out of his own volition, not as an obligation.
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- 59362
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