What is the ruling on lending (Qard) male human beings (slaves/servants)?

Chapter on Loan (Qard)

Al-Mughni

Book of Sales

Book 12 · Issue 1 · Bab 7

Open in Qurani

Primary text

Imam Ahmad disliked the lending of male human beings. This dislike can be interpreted as being one of detestation (*tanzihi*), rendering the loan valid. This view is held by Ibn Jurayj and Al-Muzani because property that can be established as a debt obligation (*dhimma*) through a forward contract (*salam*) can also be loaned, similar to all other animals. Alternatively, the dislike could be one of prohibition (*tahrim*), rendering the loan invalid. Al-Qadi chose this latter interpretation because the lending of human beings has not been transmitted, nor is it considered a necessity (*marifaq*).

Supporting text

No distinct secondary opinion regarding the validity of lending male human beings is stated, only alternative interpretations of the ruling stated by Imam Ahmad.