The ruling on deferment for the loan principal versus other compensations according to Abu Hanifa.

Chapter on Loan (Qard)

Al-Mughni

Book of Sales

Book 12 · Issue 3 · Bab 7

Open in Qurani

Primary text

Abu Hanifa agrees with the position that the principal of a loan (Qard) and the value of destroyed property are due immediately and cannot be deferred. However, he agrees with the opposing view regarding the price of sold goods, rent (Ujrah), dowry (Sadaq), and the compensation for divorce by Khul', allowing deferment for these. This distinction is made because deferment implies a portion of the consideration (Ewad), and the loan principal and the value of destroyed property require the exact like item without addition or subtraction, preventing deferment. The other compensations permit additions, thus allowing deferment.

Supporting text

The primary evidence against Abu Hanifa's view on deferment for loans is that the right is established immediately, and deferment is a voluntary gift and a promise, which is not obligatory to fulfill, similar to lending an object (A'arah). If a condition of deferment were named, it is specific to the loan/A'arah relationship and thus inapplicable to other forms of compensation.