The Ruling on Releasing a Debtor from a Debt and the Temporary Lending of an Item

The questioner : Among these cases is if he releases him from, for example, one hundred dirhams, believing that he has nothing owed to him, and then it turns out that he had one hundred dirhams in his debt. In this case, there are two views. Similarly, if he inflicts a wound on him for which there is no retaliation (qisas), and he forgives the retaliation.

The Shaykh : Regarding this reality, it can be said that his release of him is evidence that he believes it is owed to him, unlike if he said, "I am not asking for anything," and then it turned out that he was asking for it. However, if he said, "I have released him from the one hundred dirhams in his debt," we say that you do not release someone except after believing that you have something owed to you. Therefore, the correct view in this issue is that it is not like the first case; if he released him from one hundred and then it turned out that he owed him one hundred, he is released.

The questioner : Ibn Rajab mentioned in the seventy-eighth rule that the temporary lending of an item is permissible. In the rules, it is stated that the temporary lending of an item is permissible, meaning, for example, if one lends it for a month.

The Shaykh : Yes, that is the understanding. But it appears that it is not permissible, because the contract is binding there. If it were binding, I might lend it to you, but I do not agree that you exploit it; you may only benefit from it. As for exploitation, I do not want to be exploited. It is like if I provided you with food; you are not able to sell it, even though I know that you intend to eat it. The correct view is that lending is never permissible.