their customary dealings. But one who merely extracts isolated phrases from the statements of the scholars may say that it is permissible to take bank interest, because when a person gave them the money, he did not stipulate that they repay him more. Although the school of thought holds that it is not permissible to accept an amount greater than what was lent—rather, it permits accepting something of better quality but not a greater amount—yet, according to the view that permits it, the matter of banks does not pose an objection to us, because it is stipulated by customary convention. Thus, when the bank employee asks, “What do you want?” and he replies, “I want a bank account,” this means that he wants the interest.
It is understood from his words, “after repayment,” that if it is before repayment, then it is not permissible, because this may lead the borrower to give the lender gifts every two or three months, thereby inducing him to prolong the demand for repayment. It would then be like usury that increases with every month or every year.
Question: Suppose he says, “I will lend you one hundred thousand on condition that you marry your daughter to me,” and says, “I have not stipulated any money.”
Answer: This is not permissible, because it involves a benefit and becomes a transaction of exchange, rather than being done for the sake of Allah. He only intended thereby to obtain a woman to marry.
Question: Suppose he says, “I will lend you one hundred thousand on condition that you rent your house to me for one year, and I will pay you the rent in full. Your house is presently vacant, and I need it.” According to the school of thought, this is not permissible, because even if there is no benefit, it is a stipulation of one contract within another. Moreover, had he not wished to rent it, he would not have made the rental a condition of the loan. The owner may thus feel compelled to rent it to this man because of the loan, even though he dislikes renting it to him.
His words, “and if he gives voluntarily,” refer to the borrower.