Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

He spoke on the issue of loans and repayment.

Machine translationRead the Arabic original
The Shaykh : Here, there is only a reciprocal exchange, the well-known exchange of kindness for kindness, and this is not objectionable based on what you know from his saying (peace and blessings be upon him), as in Sahih al-Bukhari in the story of the camel that the Prophet (peace and blessings be upon him) borrowed from a Bedouin, who then came to demand it back. His camel was, I think, a four-year-old in the hadith. They said, "O Messenger of Allah, we cannot find a camel of the same age." He said:
Give it to him, for the best of you is the best of you in repayment, and I am the best of you in repayment. أعطوه فإن خيركم خيركم قضاء و أنا خيركم قضاء
And in another story, he gave two camels in place of one camel. So here, the benefit that is not conditional, even if it is material, is permissible by the Shari'ah. Here, there is no material benefit in exchange for a hundred, for example, a hundred and one or a hundred and five. So I do not see anything prohibited in this transaction from this angle.

The questioner : Professor, this benefit is a conditional benefit, meaning I did not lend you...

The Shaykh : I know, I know, my brother, but our answer was that it is a conditional benefit, but not in exchange for an increase over the hundred, not even by a single qirsh. In any case, we want to hear what the professor has to say about this issue. Allah knows best.
Abu Malik: In these associations, in my mind right now, the condition is included, meaning the condition of forgiveness is included without being announced and without this thing being mentioned. It is almost agreed upon, so I believe that adding the condition is only a matter of confirmation, no more and no less.

The Shaykh : Yes, it may be a matter of confirmation for some, but it may be a matter of realization for others. That is, it is not necessary to assume that every group has the implicit tolerance you mentioned. It is not a condition that it be the group; it may be a matter of confirmation and it may be a matter of realization. Yes.

The questioner : In such a case, if, for example, a man's association... after six months, and the man leaves it after three months, they mean the only solution is that he did not pay for three months, and then they drop one from the number.

The Shaykh : is it

The questioner : That is, they do not take money from them nor increase it; rather, they take what he paid and he departs.
Abu Malik: But this is possible if there is no fixed duration.

The questioner : A fixed duration for the number.
Abu Malik: It sometimes repeats; they do not say yes automatically, meaning.
Al-Halabi : Automatically, so it has a beginning and an end.
Abu Layla : Shaykh, you mentioned the issue of death, my Shaykh, one.

The Shaykh : Did you mention it, my brother? Did you mention it? This is answered in the case where a man is present among you, and so on, but if he is cut off from you, travels, falls ill, or dies, you mentioned all of this just now.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas