Saturday 4 April 2015

The Legality of Paying More than You Borrowed



It is permissible for a Muslim to pay more than what he borrowed as long as there was no prior condition or agreement or promise at the time of taking the loan, otherwise it would be one of the forms of ribaa. The following are some of the proofs of the permissibility and recommendation[1] of paying more than what one borrowed: 
First Proof: Aboo Raafi‘ reported that Allaah’s Messenger (sallallaahu alayhi wa sallam) took from a man as a loan a young camel (below six years). Then the camels of Zakaah were brought to him. He ordered Aboo Raafi‘ to return to that person the young camel (as a return of the loan). Thereafter, Aboo Raafi‘ returned to him and said: ‘I did not find among them but better camels above the age of six. He (sallallaahu alayhi wa sallam) said: “Give that to him for the best men are those who are best in paying off the debt.”[2]
Second Proof: Aboo Hurayrah (may Allaah be pleased with him) narrated that the Messenger of Allaah (sallallaahu alayhi wa sallam) owed a man some debt (and that man demanded it very harshly). The Companions of the Prophet (sallallaahu alayhi wa sallam) wanted to harm him, but the Prophet (sallallaahu alayhi wa sallam) said to them, ‘Leave him, as the creditor has the right to speak harshly.’ He then added, ‘Buy (a camel) of the same age and give it to him.’ They said, ‘We cannot get except a camel of an older age than that of his.’ He (sallallaahu alayhi wa sallam) said, ‘Buy it and give it to him, as the best amongst you is he who pays back his debt in the most handsome way”.[3]
Third Proof: Jaabir bin ‘Abdullaah (may Allaah be pleased with him) narrated: I sold a camel to the Prophet (sallallaahu alayhi wa sallam) on one of the journeys. When we reached Madeenah, he ordered me to go to the mosque and offer two rak’ah. Then he weighed for me (the price of the camel in gold) and gave an extra amount over it. A part of it remained with me till it was taken by the army of Shaam on the day of Harrah[4].


[1] See Sharh Saheeh Muslim, vol. 11, p. 127 and vol. 5, p. 345
[2] Recorded by Muslim
[3] Recorded by al-Bukhaaree
[4] Recorded by al-Bukhaaree




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