of the use of his house for a month. This involves both riba al-nasi'ah and riba al-fadl: riba al-fadl because it contains an increase, and riba al-nasi'ah because there is a delay in delivering the countervalue. Hence the scholars said: “Every loan that brings a benefit by stipulation is riba.” It has been reported, “Every loan that brings a benefit is riba” (1), but this is a weak hadith, though its meaning is sound.
It is understood from the author’s words, “Every condition that brings a benefit,” that if there is no condition, it is not prohibited. That is, if the loan brings a benefit to the lender without any stipulation, it is not unlawful.
An example of this is a man who owns land that has been cultivated. The cultivator comes to the landowner and says, “At present, I do not have livestock with which to plough.” He replies, “I will lend you [money] to buy livestock with which you can plough.” This brings a benefit to the lender, because his land will now be cultivated and he will receive the share he stipulated for himself from the worker. However, this arrangement involves no condition. Moreover, the benefit here is not exclusive to the lender; rather, it is shared by both of them. The lender benefits from having his land cultivated, while the borrower benefits from what he obtains from the crops. Therefore, this is permissible:
First: because the benefit is not exclusive to the lender.
Second: because it serves the interests of both parties.
Third: because it was not stipulated as a condition.