Nor, on the sounder opinion, may the buyer demand its monetary value on the pretext that a barrier has arisen (ḥaylūla). Should he refuse to take delivery there, he is not forced to accept if carriage would cost money or the locality is hazardous; otherwise, the stronger view is that he is compelled to accept.

Section

Lending (qard) is recommended. Its formula is for the lender to say, for example, “I have lent it to you,” “I have advanced it to you,” “Take it and return its like,” or “I transfer ownership of it to you on condition that you give back its substitute.” According to the sounder view explicit acceptance is required, and the lender must possess the legal capacity to make a gratuitous disposition.

It is permissible to lend anything whose delivery is valid, with the preponderant exception of a female slave whom the borrower is permitted to marry or concubinage with. As for items whose delivery is invalid, lending them is, on the stronger opinion, impermissible.

For fungible goods the borrower must return an equivalent; for non-fungible goods he must, according to the majority, return an article that resembles it in form—another opinion requires payment of its value. If the lender comes upon the borrower in a place other than the place where the loan was made, and transporting the replacement would entail expense, he may demand the value current in the locality of the original loan.

It is unlawful to stipulate that the borrower return a sound coin in place of a clipped one, or that he pay more than he borrowed; if, however, he does so voluntarily without any prior stipulation, that is praiseworthy. If the stipulation is for the return of a clipped coin in place of a sound one, or that the borrower in turn lend him something, the condition is void, though—on the sounder view—the loan contract itself remains valid.

Should a term for repayment be stipulated, the ruling corresponds to that of stipulating a clipped coin for a sound one when the lender has no pressing need; but if a need exists—such as during a time of civil disorder—it is, on the stronger view, treated like stipulating a sound coin for a clipped one.

The lender is entitled to require collateral and a surety. Ownership of the borrowed item passes to the borrower upon taking possession; another opinion holds that it passes only once he disposes of it. According to the sounder opinion, the lender may reclaim the very article lent so long as it remains exactly as it was. And Allah knows best.