Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The Borrower’s Return of the Excess Payment

Machine translationRead the Arabic original
Question:
Honorable Shaykh, if the borrower repays the loan with an increase, is he allowed to claim back the value of this increase from the lender?

Answer:
No, if he paid it and gave it as a gift, that is what is not permissible to take back.
One who gets back his gift is like a dog which vomits and then swallows that vomit.الْعَائِدُ فِي هِبَتِهِ كَالْكَلْبِ يَقِيءُ ثُمَّ يَعُودُ فِي قَيْئِهِ
Sahih Muslim 1622g
. When a person gives something as a gift or donation, and the recipient or the one to whom it was donated has taken possession of it, he cannot take it back. They said, except for a father in what he gives to his son. A father is allowed to take it back, but for anyone else, this is forbidden. Yes.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، أبواب السلم والقرض والرهن — islamhouse.com (13:05)

The Arabic text is a machine transcription of the audio recording.

Flag this fatwa