A man owed a debt by another who gives him a gift: does he count it towards the debt?

Yahya bin Yazid said: I asked Sayyiduna Anas bin Malik (may Allah be pleased with him): If a borrower gives his lender something as a gift, is that proper for him? He said: If he used to give to him before, there is no harm; and if he did not use to give to him before, then it is not proper.

Sayyiduna Ibn Abbas (may Allah be pleased with them both) said: When you give someone a loan, do not accept any gift from him at all, not even a goat's trotter, and do not ride on the borrower's mount.

Sayyiduna Ubayy (may Allah be pleased with him) said: When you give someone a loan, and the borrower comes to you bringing it along with a gift, take your loan from him and return his gift to him.

Alqamah said that when a man is owed a debt by someone, and something is presented to him as a gift so that he will delay collecting the debt, he should count it against the debt.

Ibrahim said that if there was already a practice of invitations and gifts between them before the debt, there is no harm, and he should not count it against the debt.

Ata said that if they used to give gifts to one another before the debt as well, there is no harm.

Ibn Sirin said that Sayyiduna Ubayy (may Allah be pleased with him) was owed a debt by Sayyiduna Umar (may Allah be pleased with him). Sayyiduna Umar (may Allah be pleased with him) sent him a gift, and he returned it. Sayyiduna Umar (may Allah be pleased with him) said: Usury (riba) only occurs when one wants to pay back the money with an increase, or wants to have the payment deferred.

Zayd bin Abi Unaysah said that Sayyiduna Ali (may Allah be pleased with him) was asked whether it is proper for a man who gives another a loan to then accept a gift from him. He said: That is hastened usury (riba).

Al-Hakam used to consider it disliked to eat from the house of a man who owed him a debt; however, if it was counted against the debt, he saw no harm in it.

Sayyiduna Ibn Umar (may Allah be pleased with them both) said that he will take its equivalent from him.

Amir said: When a man owes you a debt, do not accept his hospitality.

Ibn Sirin said that it was mentioned before Sayyiduna Ibn Mas'ud (may Allah be pleased with him) that a man gave another a loan of some dirhams and stipulated that he would ride his horse: How is this? He said: Whatever riding he gets from his horse is all usury (riba).

Uthman bin al-Aswad said: I asked Mujahid: If a man owes me some dirhams, may I ask him for the use of a mount, or ask him for some other kindness? He said: There is no harm in that.

Ibn Sirin said that the early generations used to say: Repayment and thanks.