Chapter on Loans

A loan is recommended1. Whatever may lawfully be sold2 may likewise be loaned, with the exception of human beings. Ownership passes to the borrower as soon as he takes possession; hence he is not obliged to return the very same item, but rather an equivalent becomes immediately due in his liability—even if a later term had been agreed upon. If the borrower returns the original article, the lender must accept it. Should the loan consist of clipped coinage or copper fulūs and the ruler subsequently prohibit transactions with them, the lender is entitled to their value at the time the loan was concluded. For fungible goods the borrower must return an equivalent, and for non-fungibles their value—if no equivalent can be found, then the value applies. Every stipulation that yields a benefit to the lender is forbidden; nevertheless, if the borrower, without prior agreement, initiates such a benefit, or gives him something of better quality, or presents a gift after repayment, it is permissible. And if, before settling the loan, the borrower voluntarily offers his lender something that is not customary between them—