Settling the Debt in a Good Manner
প্রশ্ন · Question
from:
1- (Asma Jube,
Assalamu Alaikum wa Rahmatullahi wa Barakatuh,
If he borrowed a ton of iron, as in the example, and he returns a ton
and more by his free will without a request or pressure from the
lender ... is this not considered settling the debt in a good manner? ...
Please clarify this for us.) End.
2- (Om Ahmad
As it is mentioned, it is forbidden to lend something to another
person and expect him to return to you less or more of it but should
be by the same amount and the same type of goods borrowed,
Jazaka Allah Khair, but I got confused by the phrase settling the debt
in a good manner: why is not it considered Riba if any increase in the
type or amount is considered Riba as mentioned in the answer? Can
you please explain to us why we considered the Hadeeth of the
Prophet ﷺ when he borrowed a young camel and repaid a good four-
year camel to be settling the debt in a good manner, but we
considered Riba if one borrows a ton of iron and repays it a ton and
half? Has it not been stated that it is forbidden to increase in the
amount and the type?) End.
3- (Alwah Biwa’dillah
Assalamu Alaikum, our dear Sheikh, and Jazaka Allah Khair ... it states
in the
উত্তর · Answer
... loan must be returned to the owner without
increasing the "benefit"; otherwise, it will become Riba... Do you
mean by the increase... the conditional increase by the lender at the
time of loan ... or the increase without mentioning the condition is
not permissible?) End.
Answer to the three questions since they are about the same subject:
Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,
As for what is stated in the hadeeth of the Prophet ﷺ about settling
the debt in a good manner, it does not mean the increase in the
amount, the weight or the measure. Rather, it means for the same
amount, the same weight, and the same measure, but it is
permissible to repay the borrowed good with another of more
superior quality. So, if a man borrows from another man wheat with
a weight of 10 kilograms, he may return it to him finer wheat, but
with the same weight 10 kilograms, and if he borrowed ten Saa' of
rice, for example, it is permissible to return it to him finer rice, but in
the same measure, i.e., ten Saa'. If he borrowed a sheep, it is allowed
for him to return to him a finer sheep, but not two.
This is the meaning of settling the debt in a good manner; it is not by
the increase in the weight or the measure or the amount.
This is how the hadeeth of the Messenger of Allah ﷺ in our previous
answer is understood, which reads:
From Abu Rafi said:
«قْض ِيَ
َ
نْ أ
َ
ِي أ
مَرَب
َ
اسْتَسْلَفَ رَسُولُ اللَّهِ صلَ الله عليه وسلم بَكْرًا فَجَاءَتْهُ إِبِلٌ مِنْ الصَّدَقَةِ فَأ
ِبِلِ إِلََّ جَمَلًَ خِيَارًا رَبَاعِيًا فَقَالَ النَّنِْيُّ صلَ الله عليه وسل
جِدْ ف ِي الإْ
َ
الرَّجُلَ بَكْرَهُ فَقُلْتُ لَمْ أ م
حْسَنُهُمْ قَضَاءً
َ
عْطِهِ إِيَّاهُ فَإِنَّ خِيَارَ النَّاسِ أ
َ
أ
The Prophet borrowed a young camel, and then Sadaqa of camels
arrived to him and so he ordered me to repay the man his young
camel, and so I said that I couldn’t find anything except for a good
four year camel, and so he – peace be upon him – said 'Give it to him,
truly the best of men are the best of those in repayment'”. (Narrated
by Abu Dawood and others).
That is, he returned to him a better and finer camel than the camel
he borrowed, but the same number, i.e., he repaid one camel.
This is what is stated in our answer about borrowing a ton of iron and
repaying it a ton and half for example. So, it is not permissible, but it
should be repaid with the same weight.
In conclusion, settling the debt in a good manner is not to increase
the weight, the amount or the measure but repaying the same
weight, the same amount and the same measure, but it is permissible
to be of better type if the borrower wants to repay a better type
without being conditioned by the lender, because the Prophet ﷺ
repaid with what was better and finer without a condition from the
lender.
It states in the book The Economic System in Islam in the section of
riba:
“As for lending and borrowing (Qardh), this is permitted in the six
types mentioned and in other types and in any other thing that can
be subject to ownership and whose ownership is lawfully
transferable. Usury in this case can only occur if there is a benefit due
to what was narrated by al-Harith bin Abi Usamah from the Hadith of
Ali (ra) with the words:
«أن الننْي صلَ الله عليه وسلم نهَ عن قرض جر منفعة »
“The Prophet prohibited any loan that entailed a benefit” and in a
report «كل قرض جر منفعة فهو رباً» “Every loan which entails a benefit is
usury”.
The exception to that is when it occurs from the angle of settling the
debt in a good manner without anything extra due to what is
reported by Abu Dawud from Abi Rafi’ who said:
«ي أن أقض ي الرجل بكره فقلت لم
استسلف رسول الله بكراً فجاءته إبل الصدقة فأمرب
ي الإبل إلا جملاً خياراً رباعياً فقال: أعطه إياه فإن خيار الناس أحسنهم قضاءً
أجد ف »
“The Prophet borrowed a young camel, and then Sadaqa of camels
arrived to him and so he ordered me to repay the man his young
camel, and so I said that I couldn’t find anything except for a good
four year camel, and so he – peace be upon him – said, 'Give it to
him, truly the best of men are the best of those in repayment'”...”
It is not said that grant and gift are permissible, and so if the loan is
paid more by weight or amount or measure willingly without a
condition then it is permissible. It cannot be said so because this is
permissible if it is not connected with the subject of loan, but the
increase here occurred for the loan, and so it is a benefit from it,
included in what narrated by al -Harith bin Abi Usamah from the
Hadith of Ali (ra) with the words:
«أن الننْي صلَ الله عليه وسلم نهَ عن قرض جر منفعة »
“The Prophet prohibited any loan that entailed a benefit” and in a
report
«كل قرض جر منفعة فهو رباً»
“Every loan which entails a benefit is usury”.
Also, it is not said that the finer in type is a benefit; it is not said so
because the Prophet ﷺ allowed it and considered it to be settling the
debt in a good manner as in the hadeeth of Abu Rafi mentioned
above.
I hope the answer is sufficient, Allah willing.
Your brother,
Abu Yasin
5th Sha’ban 1439 AH
21/04/2018 CE