FIKIH Debt Accounts Receivable (Bag. 8): Returns Debt or Loan

In the issue of debt receivables, of course, after the debtor borrows, it is mandatory for debtors to return the debt. In this discussion, it will be known about the return of debt and procedures for returning debt.

Return debt or loan [1]

Not required true for people who borrow (Muktarh) To return the loan item itself (physically), because the borrowed goods are already his perfect by receiving (Qabdh), as long as the recipient or owner does not experience bankruptcy andHajr (boycott). He does not have to return it physically, because he has has it with full ownership since the item was received and then used the item being borrowed.

A simple picture like when someone borrows money, of course the borrower does not need to return money with the same series as money when he borrows it. He simply returned according to the nominal borrowing.

Because the debt of receivables is a contract tabarru ‘ (social or helping). So that when an item or money is loaned, it will automatically be used by the owner to take the benefit. After the benefits are obtained, it will be returned in accordance with the agreement of both parties.

When the borrower returns it physically (with the same item), then it does not escape from three conditions:

First state

Borrowed goods are items that can be measured (Mikyal), Weighed (Mauzun), such as rice, wheat, sugar, oil, and money; or items that can measure with dose (using liters, mud, sha ‘, etc); Or items that can be measured by kilograms, grams, and so on.

So in this case, the lender must accept it without disputes from the scholars. Considering that the item was returned to such a nature, as long as the item has not been damaged. Either the price changes or not, like wheat that is still intact or not yet damaged. He must accept it, because there is no mudarat for him; Because it is his right.

But if the item has a defect, such as wheat that is wet or too dry, or damaged rice, the lender has the right to reject it, because it does not match the wheat or rice given, and it contains then.

Second condition

Items borrowed are something that has no equivalent (no equality), namely items that are judged by nominal, such as clothing, animals, and the like.

Some scholars argue, lenders do not have to accept the same item, even for him to ask for the nominal of the item. Some argue, can be in two ways; namely returning with the nominal item or it can also be by returning the item. As in the hadith,

The Messenger of Allah, may God’s prayers and peace be on it, drunk, and camels come from charity. Abu Rafeh said: God’s messenger, may the prayer and peace of God be on him, order me God, may God’s prayers and peace be above him

“The Prophet Sallallaahu ‘Alaihi wa Sallam Once Owed a Young Camel from a Man. Then Came the Charity, Abu Rafi’ Said, ‘The Prophet Sallallaahu’ Alaihi Wa Sallam Ordered Me to Pay the Man to the Young Camel He Had Borrowed. ‘ Who are Four Years Old. ‘ So the Prophet Sallalahu ‘Alaihi wa Sallam said,’ Give him, because the best of humans is the best in making debt payments. (HR. Muslim)

From the hadith above, several things can be known:

• Prophet sallallaahu ‘alaihi wa sallam Borrow young camels for someone, then return with a camel again, even with a better camel.
• From the hadith above it can be seen that the Prophet did not return to the nominal, either dinar or dirham.
• The Prophet returned with a better one, in this case it was allowed because there were no requirements at the beginning of the contract. If there are requirements at the beginning of the contract, then it is not allowed.

Third condition

During the loan dirty or Dirhamthen (the borrower) can return it to the same dinar or dirham, and the law is like a suitable item (Mitsli), Because it is the same in nature, so that the value does not change.

However, if the dinar or dirham has been prohibited by its use by the authorities or government, then the lender is not required to accept it, because the value/price has been lost or if the dinar or dirham is not used. So what is obligatory is to restore the value, namely with the type of currency that applies at that time.

And if the loan is returned with other than the type of dinar or dirham – such as gold or other silver that is not the same -, then it is not allowed, because it can lead us to usury.

How to restore debt or loan [2]

As is well known that the assets that are usually used as debt receivables are divided into two:

Mitsli : I.e. the goods that have the equivalent and the units are similar, can replace each other without any significant differences, such as dose, scales, the same calculation, and money.

Qimi : I.e. goods that have no equivalent in the market, or exist but with a very distant difference in value, such as animals, clothing, and gems. As explained above.

Then the return provisions are as follows:

– If the loan item Mitslithen it is necessary to return the appropriate item.

– If the loan item Qimi, The scholars differ in opinions (as explained):

• Some argue that it is obliged to restore its value when borrowed.
• Others argue that they are obliged to return the commensurate goods in the form and nature. Based on the hadith of the Prophet sallallaahu ‘alaihi wa sallam which has been explained above.

Ibn Qudamah Rahimahullah in the Al-Mughni said,

The proverb must be returned in a cake and weighted. We do not know in it disagreement … As for people who are not people who are lost and weighted, there are two aspects: one of them: the value must be returned on the loan day; Because he has no example, guarantees it with his value, as well as destruction and rape. Second: the same thing must be answered; Because of the Prophet, hopefully God’s prayer and peace is on him, corrected by a virgin, and he answered like him …

“It is obliged to return the commensurate goods on the goods that are measured and weighed, and this is no difference of opinion. As for that, there are two opinions: First, must restore the value when borrowed, because he has no equivalent; second, It is obligatory to restore the match in his appearance and nature, because the Prophet Sallallaahu ‘Alaihi wa Sallam once borrowed young camels and he returned the appropriate camels. ”

Hope it is useful. Wallahu a’lam.

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Depok, 21 Rabi’ul Awal 1447/14 September 2025

Writer: Zia Abdurrofi

Article Muslim.or.id

Footnote:

[1] Fiqhul mu’amalat al-maliyah al-muyassar, matter. 193-194.

[2] See https://www.islamweb.net/ar/fatwa/397978