Does stipulating a deferred time (Ajal) for a loan make the repayment due later?
Chapter on Loan (Qard)
Al-Mughni
Book of Sales
Primary text
If a specific deferred time is stipulated for a loan (Qard), it does not become deferred; it remains due immediately. Every debt whose due date has arrived does not become deferred merely by stipulating a future time for it. This position is held by Al-Harith Al-'Ukkali, Al-Awza'i, Ibn al-Mundhir, and Al-Shafi'i.
Supporting text
Malik and Al-Layth maintain that the entire loan becomes deferred upon stipulation, based on the saying of the Prophet (peace be upon him): 'The Muslims are bound by their conditions.' They argue that the contracting parties possess the authority to act within this contract via rescission (Iqalah) or validation (Imda'), thus granting them the authority to add a condition like deferment, analogous to the option of the session (Khiyar al-Majlis).