Is the condition of riba (usury or interest) in a loan binding?
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Question:
May Allah reward you with good, and may He do you good. Abu 'Umar from the Arab Republic of Egypt, residing in Jeddah, sent a question saying: I was compelled to borrow a sum of money due to my urgent need for it, and I agreed with the owner of the money that I would repay it in installments. However, before giving me the money, he conditioned that I pay interest on this money upon repayment. When I took it from him, my intention was to return only the principal of the loan and not to pay him the interest, so that I would not fall into riba. Is this permissible, or have I thereby breached the agreement with him? Please inform me what I should do? May Allah reward you with good.
Answer:
A loan with interest is explicit riba. The Prophet (peace and blessings be upon him) said:Bulugh al-Maram 7:99 and the scholars have agreed upon this. So this loan you mentioned, where he conditioned that you return an increase upon repayment, is explicit riba. This condition is invalid, and it is not permissible for him to take anything but the principal of his money only, and it is not permissible for you to pay him the increase, because it is riba. And the Prophet (peace and blessings be upon him) said: Musnad Ahmad 1364Hasan because of corroborating evidence; this is a da'eef isnad] (Darussalam) So you must advise him and warn him of Allah, telling him that this is riba and that this condition is invalid. The Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 2521Sahih (Darussalam) and this is a condition that is not in the Book of Allah. So you must admonish him and remind him. If he complies, praise be to Allah; otherwise, he is entitled to nothing but the principal of the money he gave you. So you must take him to the Shari'ah court.
May Allah reward you with good, and may He do you good. Abu 'Umar from the Arab Republic of Egypt, residing in Jeddah, sent a question saying: I was compelled to borrow a sum of money due to my urgent need for it, and I agreed with the owner of the money that I would repay it in installments. However, before giving me the money, he conditioned that I pay interest on this money upon repayment. When I took it from him, my intention was to return only the principal of the loan and not to pay him the interest, so that I would not fall into riba. Is this permissible, or have I thereby breached the agreement with him? Please inform me what I should do? May Allah reward you with good.
Answer:
A loan with interest is explicit riba. The Prophet (peace and blessings be upon him) said:
Every loan, which leads to a benefit, is usury.
كُلُّ قَرْضٍ جَرَّ مَنْفَعَةً فَهُوَ رِبًا،The Messenger of Allah (ﷺ) cursed the one who consumes riba, the one who pays it, the two who witness it, the one who writes it down
صلى الله عليه وسلم لعن الله آكل الربا وموكله وشاهديه وكاتبه،Every conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرط،
Source
قناة «العلامة الدكتور صالح الفوزان»، 4833- اشتراط المُقرض الفائدة الربوية هل يوجب الوفاء بشرطه؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
