صحيح البخاري
Bukhari
كتاب الاستقراضThe Book of Loans, Freezing of Property, and Bankruptcy
بَابُ إِذَا أَقْرَضَهُ إِلَى أَجَلٍ مُسَمًّى أَوْ أَجَّلَهُ فِي الْبَيْعِ:Chapter. It is permissible to lend money for a fixed time or sell on credit for a fixed time.
Hadith 2404
اُردوEn
قَالَ ابْنُ عُمَرَ فِي الْقَرْضِ إِلَى أَجَلٍ : لَا بَأْسَ بِهِ ، وَإِنْ أُعْطِيَ أَفْضَلَ مِنْ دَرَاهِمِهِ مَا لَمْ يَشْتَرِطْ ، وَقَالَ عَطَاءٌ ، وَعَمْرُو بْنُ دِينَارٍ : هُوَ إِلَى أَجَلِهِ فِي الْقَرْضِ .
And Ibn Umar (may Allah be pleased with them both) said: There is no harm in a loan for a specified period, even if the lender receives better quality dirhams than those he lent, as long as this was not stipulated as a condition. Ata and Amr bin Dinar said: In a loan, the borrower is bound to the specified period.
وَقَالَ اللَّيْثُ : حَدَّثَنِي جَعْفَرُ بْنُ رَبِيعَةَ ، عَنْ عَبْدِ الرَّحْمَنِ بْنِ هُرْمُزَ ، عَنْ أَبِي هُرَيْرَةَ رَضِيَ اللَّهُ عَنْهُ ، عَنْ رَسُولِ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، أَنَّهُ ذَكَرَ رَجُلًا مِنْ بَنِي إِسْرَائِيلَ سَأَلَ بَعْضَ بَنِي إِسْرَائِيلَ أَنْ يُسْلِفَهُ فَدَفَعَهَا إِلَيْهِ إِلَى أَجَلٍ مُسَمًّى ، فَذَكَرَ الْحَدِيثَ " .
Narrated Abu Hurairah (ra): Allah's Messenger (saws) mentioned an Israeli man who asked another Israeli to lend him money, and the latter gave it to him for a fixed period. (Abu Hurairah mentioned the rest of narration) [See chapter: Kafala in loans and debts. Hadith 2291]
Explanation & Benefits
Maulana Dawood Raz
Hadith Commentary:
In the hadith, there is mention of Musa (alayhis salam) and the Children of Israel.
This is the relevance to the chapter.
The verse of the Noble Qur’an: ﴿يَاأَيُّهَا الَّذِينَ آمَنُوا لَا تَكُونُوا كَالَّذِينَ آذَوْا مُوسَى﴾ (Al-Ahzab: 69)
is also an allusion to this very incident.
In the hadith, there is mention of Musa (alayhis salam) and the Children of Israel.
This is the relevance to the chapter.
The verse of the Noble Qur’an: ﴿يَاأَيُّهَا الَّذِينَ آمَنُوا لَا تَكُونُوا كَالَّذِينَ آذَوْا مُوسَى﴾ (Al-Ahzab: 69)
is also an allusion to this very incident.
Source: Sahih Bukhari: Commentary by Maulana Dawood Raz, Page: 2404
Shaykh Abdul Sattar al-Hammad
Hadith Commentary:
(1)
Two issues are discussed under this heading:
➊ What is the ruling on delaying repayment of a loan until a specified term? Some scholars hold the view that the creditor may demand repayment whenever he wishes, even if a term has been stipulated. However, the correct position is that if a loan has been given for a specified term, it is not permissible to demand repayment before that time.
➋ Stipulating a term for payment in buying and selling: there is consensus that in such a case, it is not permissible to demand payment before the appointed time.
➌ Stipulating a term for payment in buying and selling: there is consensus that in such a case, it is not permissible to demand payment before the appointed time.
(2)
Imam al-Bukhari rahimahullah has deduced from this hadith that it is permissible to stipulate a term in a loan, because the Messenger of Allah sallallahu alayhi wa sallam mentioned this incident as praise and commendation.
If there had been anything wrong in it, he would have refuted it.
The law of previous nations is a proof for us, provided it does not contradict our own Shari‘ah.
(1)
Two issues are discussed under this heading:
➊ What is the ruling on delaying repayment of a loan until a specified term? Some scholars hold the view that the creditor may demand repayment whenever he wishes, even if a term has been stipulated. However, the correct position is that if a loan has been given for a specified term, it is not permissible to demand repayment before that time.
➋ Stipulating a term for payment in buying and selling: there is consensus that in such a case, it is not permissible to demand payment before the appointed time.
➌ Stipulating a term for payment in buying and selling: there is consensus that in such a case, it is not permissible to demand payment before the appointed time.
(2)
Imam al-Bukhari rahimahullah has deduced from this hadith that it is permissible to stipulate a term in a loan, because the Messenger of Allah sallallahu alayhi wa sallam mentioned this incident as praise and commendation.
If there had been anything wrong in it, he would have refuted it.
The law of previous nations is a proof for us, provided it does not contradict our own Shari‘ah.
Source: Hidayat al-Qari: Commentary on Sahih Bukhari, Urdu, Page: 2404
