Chapter on the condition that a loan must not include a stipulation that brings benefit
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The questioner : It is not permissible to stipulate in a loan a condition that brings benefit, such as stipulating.
The Shaykh : It is not permissible for the lender to stipulate a condition that brings benefit to whom?
The questioner : Good.
The Shaykh : To himself. The lender stipulates a condition on the borrower that returns benefit to himself, because if he does that, it becomes an exchange and is not a favor.
The questioner : For example, stipulating that it be repaid with something better or more, or that he sell to him, or that he buy from him.
The Shaykh : Or that he sell.
The questioner : Or that he sell to him, or that he buy from him, or that he rent to him, or that he rent from him, or that he give him a gift, or that he do work for him, or the like, because the Prophet (peace and blessings be upon him) forbade a sale and a loan. Abu Dawud narrated it. And from Abu
The Shaykh : I have it with meBulugh al-Maram 16:36, and he said: It is a good, authentic hadith.
The questioner : How?
The Shaykh : There is no need to check the source to see if it is in Abu Dawud or in al-Tirmidhi; we do not refer back to it itself. Yes.
The questioner : And from Amir.
The Shaykh : Check with Salih. Check it. What is this? Yes, indeed.
The questioner : And from Abu ibn Ka'b, Ibn Mas'ud, and Ibn Abbas (may Allah be pleased with them) that they forbade a stipulated.
The Shaykh : Yes, yes, open it for her
The questioner : That they forbade a loan that brings benefit, and because it is a contract of favor, and stipulating that takes it out of its proper scope, and if he stipulates that he will repay him in.
The Shaykh : Clearly, I say: if he stipulates a benefit for himself, it is clear that he wants what? Exchange and trade. A loan is a contract of favor. Therefore, it is permissible for me to lend him a dinar today and not be repaid until ten days later. Even if I had sold him a dinar on the condition that he repay its value after ten days, the sale
The Shaykh : It is not permissible for the lender to stipulate a condition that brings benefit to whom?
The questioner : Good.
The Shaykh : To himself. The lender stipulates a condition on the borrower that returns benefit to himself, because if he does that, it becomes an exchange and is not a favor.
The questioner : For example, stipulating that it be repaid with something better or more, or that he sell to him, or that he buy from him.
The Shaykh : Or that he sell.
The questioner : Or that he sell to him, or that he buy from him, or that he rent to him, or that he rent from him, or that he give him a gift, or that he do work for him, or the like, because the Prophet (peace and blessings be upon him) forbade a sale and a loan. Abu Dawud narrated it. And from Abu
The Shaykh : I have it with me
Related by At-Tirmidhi who verified it as Hasan and Sahih.
رواه الترمذي وقال حسن صحيحThe questioner : How?
The Shaykh : There is no need to check the source to see if it is in Abu Dawud or in al-Tirmidhi; we do not refer back to it itself. Yes.
The questioner : And from Amir.
The Shaykh : Check with Salih. Check it. What is this? Yes, indeed.
The questioner : And from Abu ibn Ka'b, Ibn Mas'ud, and Ibn Abbas (may Allah be pleased with them) that they forbade a stipulated.
The Shaykh : Yes, yes, open it for her
The questioner : That they forbade a loan that brings benefit, and because it is a contract of favor, and stipulating that takes it out of its proper scope, and if he stipulates that he will repay him in.
The Shaykh : Clearly, I say: if he stipulates a benefit for himself, it is clear that he wants what? Exchange and trade. A loan is a contract of favor. Therefore, it is permissible for me to lend him a dinar today and not be repaid until ten days later. Even if I had sold him a dinar on the condition that he repay its value after ten days, the sale
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، [4374] فصل في أن يشترط في القرض شرطًا يجر به نفعًا - تعليقات على الكافي لابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.