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.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.
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
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.
