Muslim

Hadith Commentary:
Vocabulary of the Hadith:
(1)
Bikr:
A young camel.
(2)
Ruba'i:
One that has completed six years and entered the seventh.

Benefits and Issues:
This hadith proves that it is permissible to take an animal as a loan in case of necessity. The three Imams—Imam Malik, Imam Shafi'i, and Imam Ahmad rahimahumullah—and the majority of jurists hold this position. However, according to the Hanafis, it is not permissible to take any kind of animal as a loan with the condition that "we will return an animal of this kind," because, in their view, animals are not among fungible items (mithliyyāt) whose like can be repaid. Rather, they are among those things for which the value must be paid. They interpret those explicit hadiths, which is not a correct approach, because to declare a hadith abrogated without evidence, or to introduce a specification in it, or to present the statements of the Companions radi Allahu anhum in opposition to it, is not a commendable method. Instead of interpreting the hadiths, interpretation should be done in the statements of the Companions. Furthermore, this hadith also proves that when repaying a loan, to give, from one's own side, out of one's own will, without any condition, a better or additional item is part of good character and is a commendable practice.

Explanation:
1:
From this hadith, it is understood that if a debtor, of his own accord and with his own consent, pays back more or better and superior in quality than the obligatory amount of the debt at the time of repayment, then this is permissible.
However, if the creditor stipulates this as a condition at the time of giving the loan, then this will be usury (riba), which is absolutely forbidden in any case.

Benefits and Issues:

➊ Buying and selling on credit is permissible.

➋ "Ruba'i" refers to a camel whose four milk teeth have fallen out; its age is seven years.

➌ It is permissible to return an animal of a better kind than the one taken, provided that this was not stipulated beforehand, but rather the one repaying does so willingly, without any demand from the other party.

(1) According to most scholars, animals and livestock can be taken as a loan.

(2) From this blessed hadith, it is also understood that at the time of repaying a loan, giving something better and superior is a more virtuous and excellent act, provided that no such condition was stipulated at the time of taking the loan. If the lender stipulates such a condition, then by consensus this is forbidden. This is the opinion of the majority of scholars.

(3) This blessed hadith also clearly indicates that when the time for repayment of a loan arrives, the creditor may demand its return. Furthermore, it is established that the debtor should not resort to any kind of procrastination or delay, but should make every effort to ensure timely repayment of the loan.

(4) The Messenger of Allah (sallallahu alayhi wa sallam) would generally take loans for the sake of needy and destitute people and those who asked for help. From this, it is understood that taking a loan for the purpose of cooperation in acts of goodness and obedience is permissible, and likewise, taking and giving loans for all permissible matters is correct.

(5) This blessed hadith also indicates the establishment of the ruling that the Imam of the time, that is, the caliph and ruler of the Muslims, may take a loan on behalf of the needy subjects and the destitute public, and its repayment will be made from the zakat and charity funds collected in the public treasury (bayt al-mal). In this regard, it is necessary and important that the amount of such a loan should only be spent on the needy and on legitimate matters. The way today’s rulers squander such funds on extravagance and luxury is completely impermissible and forbidden. The repayment of such loans will not be the responsibility of the bayt al-mal nor the national treasury, but rather it will be necessary for the extravagant rulers themselves to repay the loan from their personal wealth.

(6) In the repayment of a loan, agency (wakalah), that is, appointing someone as an agent, is permissible, as the Messenger of Allah (sallallahu alayhi wa sallam) instructed a person to go and repay the loan.

(7) An animal can be taken as a loan. At the appointed time, a similar animal should be returned, just as money borrowed or taken as a loan is returned at the appointed time. The majority of scholars hold this view, but according to Imam Abu Hanifah (rahimahullah), this is not permissible because this is not a loan, but a sale, and a deferred sale of animal for animal is not valid, as is stated in an explicit hadith (4624). He considers this hadith to be abrogated. However, this is not just one hadith; there are several ahadith of this kind in which taking an animal as a loan and repaying it later is mentioned. In reality, the Shari‘ah also takes into account people’s necessities. If any principle becomes a cause of hardship for people, then that principle is no longer considered. The Hanafis also consider the leftover water of a cat to be pure, even though it is a forbidden animal and eats filthy mice. Similarly, if there is a need, an animal can be taken as a loan and a similar animal returned at the appointed time. Moreover, the meaning of the prohibitive narration is not absolute. Imam al-Shafi‘i (rahimahullah) explained that the sale of animal for animal is only prohibited when the deferment is on both sides. If the deferment is on one side only, then there is no harm. In the aforementioned case, the deferment is only on one side. And Allah knows best.

Hadith Authentication: [وأخرجه مسلم 1600، من حديث ما لك به]
Jurisprudential Points:
➊ The Messenger of Allah (sallallahu alayhi wa sallam) took camels on loan to give to the needy, among which there was also a young camel, and then this debt was repaid from the camels of charity (zakat). It is understood from this that buying and selling is a separate matter, and taking a loan is a separate matter.
➋ According to most scholars, it is permissible to pay zakat (obligatory charity) before its due time. [التمهيد 59/4]
➌ The buying and selling of animals, whether in cash or on credit, is permissible in both ways.
➍ If a person takes a loan from someone without any condition, and later, when repaying the loan, gives something extra as a gift out of his own happiness, it is permissible. However, if at the time of taking the loan, a condition is stipulated that an increase must be given, then this is usury (riba), which is forbidden. See [التمهيد 68/4]
● Sayyiduna Abu Abdur Rahman Abdullah bin Umar bin al-Khattab (radi Allahu anhu) took some dirhams as a loan from a person. Later, he repaid the loan with better dirhams. That person said: O Abu Abdur Rahman! The dirhams you have returned to me are better than those I lent you. Abdullah bin Umar replied: I know, but my heart is pleased with this. [الموطأ 681/2 ح 1423، وسنه صحيح]