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Al-Mughni by Ibn Qudama - Edited by Al-Turki
Volume 6 · Page 440Section

Translation · EN

If he refuses to accept it, he is entitled to do so, because he has a detriment in the partnership. If he buys a commodity with the second half of the dinar, it is permissible, unless that was based on a prior agreement, such as if he said: "I will repay you in full on the condition that I take a shirt from you with the remaining half." This is not permissible, because he did not hand it over to him as full payment except for him to give him, with the remaining half, the difference between the value of the full and the broken [currency] of the half that was repaid. If it was not a condition, it is permissible. If he leaves the other half with him as a deposit (wadi'ah), it is permissible, and they would be partners in it. If they agree to break it, they may break it. If they disagree, neither of them may be forced to break it, because that would diminish its value.

Section: If his debtor goes bankrupt, and he lends him a thousand to be repaid to him in a known amount every month, it is permissible, for he only benefits from collecting what he is entitled to. If he was owed wheat, and he lends him that with which he could buy wheat to pay him back with, it is not forbidden, for this reason. If a man wants to send maintenance to his family and lends it to a man on the condition that he pays it to his family, there is no harm in this, provided he does not take anything for it. If he lends his tenant (20) what he will buy cattle with to work on his land, or seeds to sow in it, then if he stipulates this in the loan, it is not permissible, because he has stipulated something that he benefits from, so it resembles the stipulation of an increase. If it was not a condition, Ibn Abi Musa said: It is not permissible, because it is a loan that draws a benefit. He said: If he said, "Lend me a thousand and give me your land to cultivate for a third [of the crop]," it is repugnant. The better view is the permissibility of this if it is not stipulated, because the need calls for it, and the borrower only intends to benefit himself, and the benefit of the lender only occurs incidentally, so it resembles taking a suftajah (bill of exchange) and repaying it in another country, and because it is an interest to both of them, it resembles what we have mentioned.

Section: Ahmad said regarding someone who borrowed dirhams from a man and bought something from him with them, and they turned out to be counterfeit: The sale is valid, and he does not have any recourse against him for anything. He means that the seller does not have recourse against the buyer for the replacement of the price; because they are his [the seller's own] dirhams, so their defect is upon him, and he only has a right against the buyer for the replacement of

Notes

(20) The akkar: the plowman (farmer).

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