in Mecca, then he would write a letter of credit (suftajah) to them for it to Mus'ab ibn al-Zubayr in Iraq, and they would take it from him. Ibn 'Abbas was asked about this and saw no harm in it. It was narrated from 'Ali, may Allah be pleased with him, that he was asked about the like of this and saw no harm in it. Among those who saw no harm in it were Ibn Sirin and al-Nakha'i. Sa'id narrated all of this. The Qadi mentioned that it is permissible for a guardian to loan the orphan’s wealth in another city to gain profit from the hazards of the road. The correct view is its permissibility, because it is a benefit for both of them without harming either one, and the Shari'ah does not come to prohibit benefits that entail no harm, but rather with their legality. Furthermore, there is no text forbidding this, nor is it in the meaning of the texted prohibition, so it must remain upon its original status of permissibility.

If one stipulates in a loan that the borrower must rent him his house, or sell him something, or that the borrower must loan the lender in return another time, it is not permissible; because the Prophet, peace and blessings of Allah be upon him, prohibited a sale and a loan [in one contract]. Furthermore, it is a condition of a contract within a contract, which is not permissible, just as if he were to sell him his house on the condition that the other person sells him his own house. If he stipulates that he should rent him his house for less than its [fair] rental value, or that he should rent the lender’s house for more than its rental value, or that he should present him a gift, or perform work for him, it is even more strictly forbidden. If he does any of that without a condition before the settlement of the debt, he should not accept it, and it is not permissible to accept it, unless he compensates him for it or deducts it from his debt, unless it is something that was already customary between them before the loan. This is based on what al-Athram narrated, that a man had twenty dirhams owed to him by a fishmonger, so he began to gift him fish and value it, until it reached thirteen dirhams. He asked Ibn 'Abbas, who said: "Give him seven dirhams." From Ibn Sirin, it is narrated that 'Umar loaned Ubayy ibn Ka'b ten thousand dirhams, so Ubayy ibn Ka'b gifted him some of the fruit of his land, but he returned it to him and did not accept it. Ubayy came to him and said: "The people of Medina know that I have the best fruit among them, and that we have no need [for money], so why have you rejected our gift?" Then he gifted it to him after that, and he accepted it. From Zirr ibn Hubaysh, he said: I said to Ubayy ibn Ka'b: "I intend to travel to the land of Jihad, to Iraq." He said: "You are coming to a land where usury (riba) is rampant, so if