commodities, no longer currency, and this may harm the Muslims. Hence, it is forbidden for the imam to do this. Yet necessity may at times call for it—for example, if they become subject to adulteration, counterfeiting, or the like—such that the ruler considers it to be in the public interest to prohibit their use in transactions.
His statement, “then he is entitled to its value at the time of the loan”: An example is that a man lends me forty quarter-dirhams—that is, ten dirhams—but after they are prohibited, they are worth no more than five. He is therefore entitled to their value at the time of the loan, namely ten dirhams.
The same applies to fulūs, which are currency made of a metal other than gold and silver. If someone lends me one thousand qirsh, worth one hundred dirhams, and then the ruler prohibits this currency, the lender is owed one hundred dirhams—that is, its value at the time of the loan. The reasoning is that the borrower became its owner from the time of the loan: through the loan, it left the ownership of the first party and entered the ownership of the second. He must therefore guarantee its value as it stood at the time of the loan.
Thus, if one borrows broken coinage or fulūs and transactions with it are subsequently prohibited, is he entitled to its value at the time of the loan, at the time of repayment, or at the time it was prohibited?
For example, if the loan was made in the year thirteen, its use was prohibited in the year fifteen, and repayment took place in the year sixteen, then its value is assessed according to the year thirteen—that is, its value at the beginning of the loan. This is the established position of the school.
The second view is that what counts is its value at the time it was prohibited. The reasoning behind this view is that the lender is entitled to these very fulūs until their use is prohibited.
The third view is that he is entitled to their value at the time of repayment, because they remain due in the borrower’s liability as the very items themselves until he repays them; thus, he owes their value at the time of repayment.