Is it permissible to repay a loan with an amount less than the principal amount borrowed?

Chapter on Loan (Qard)

Al-Mughni

Book of Sales

Book 12 · Issue 6 · Bab 7

Open in Qurani

Primary text

If one stipulates in the loan that he will repay less than what was borrowed, and the item is one where Riba applies, it is not permissible because it results in failing to maintain equality, which is a requirement in such transactions. If the item is not one where Riba applies, it is still generally not permissible because the essence of a loan implies the return of the equivalent, and stipulating less contradicts this essence, similar to stipulating an increase.

Supporting text

One view among Al-Shafi'i's companions suggests permissibility if the item is not subject to Riba, arguing that the purpose of a loan is facilitation for the borrower, and stipulating less does not violate the contract's primary purpose, unlike stipulation for increase.