Debt Debt (Bag. 5)

The rules of the debt object of receivables

It is known that in debt receivables, all types of assets or goods that can be traded, so it is valid to be used as an object of debt. Because there is a rule that must be understood in this case,

So all that is true applies to the loan, and everything that is invalid for it is invalid.

“Everything that is legitimate (used as an object) in buying and selling, is valid (used as an object) in the debt of receivables, and everything that is invalid (used as an object) in buying and selling, so it is invalid (used as an object) in the debt of receivables.” [1]

Sheikh Muhammad bin Salih Al-‘utsaimin Rahimahullah said,

“From the rules above, it can be known, that the dog is invalid to be used as an object of debt of receivables because the dog is not valid for sale. traded, and so forth. ” [2]

So that the benchmark may or failure of an item used as an object of debt receivables is seen from whether or not the item is allowed to be traded. In essence, what is used as the object of debt receivables is goods that are valuable (nominal) and can be replaced with a similar nominal. Then what about gold? Is it replaced with such one? Or can it be replaced with a nominal?

Gold debt [3]

As explained, that the scholars agreed that the golden debt was allowed. With a note, returned in such a form or senominal. If the owner wants to return it with better gold or with more nominal, then this is allowed when there are no requirements or agreements at the beginning of the contract. As the Prophet’s words sallallaahu ‘alaihi wa sallam,

The best people are better

“Indeed, the best human being is the best in paying debt.” (HR. Muslim)

Backets to the debtor can provide for debtors, so that the borrowed gold is returned in the same form (the same). If it is a form of gold that is widely on the market and easy to make.

Example: The owner wants to borrow a gold in the form of a three gram ring, twenty -four carat, the specific ring is three -edged rings. If this is agreed upon by debtors and debtors can return the ring with similar specifications, then that is the best. If it cannot be returned in a similar gold form, then the nominal is returned according to the price when you want to pay off debt and without any agreement when the contract wants to be replaced with a nominal.

The rules as said Sheikh Muhammad bin Salih al-Utsaimin Rahimahullah,

If the same thing is not found a response value at the time of the loan, the ideals are to respond to the loan in the same way

“The goods that are equivalent (Mitsli) in the loan, should be returned with the commensurate (similar). If there is nothing similar, then it is returned in the form of a nominal time of debt.”

The Fuqaha (Jurisprudence) considers the items that are measured and weighed as Mitsli (Having an equivalent/twin), unless it is entered by the permissible handicraft elements, then it becomes Qimi (has a value/price). This certainly only applies in their time, because of the difficulty of making crafts with the same form and form. As for the present, we can make thousands of copies with the same appearance and shape.

In this case, Sheikh Muhammad bin Salih al-Utsaimin Rahimahullah In contrast to the author of his book Studying, that is Zaadul in the future Job Abun Naja Musa bin Ahmad Al-Hajjawi Rahimahullah. The difference lies in the use of meaning Mitsli, Because the writer of the book Zaadul in the future interpret Mitsli Only limited goods that can be measured and weighed.

The Sheikh al-Utsaimin is a little wider in the use of the word “Mitsli “. Not only items that can be measured and weighed, but items that are made by hand, and even then can be categorized by Mitsli (in accordance).

Sheikh Muhammad bin Salih Al-Utssaimin Rahimahullah said,

The correct view is that gay is unmatched, identical or close to many things, and it shows that the Prophet, hopefully God’s prayer and peace is on it, it is said to his wife who broke the ship with his value, then we say – for example – known – it is known – for example – known – it is known – it is known – it is known – it is known – it is known – it is known Examples – Examples – Examples – Examples – For progress, and it is known – it is known – it is known – it is known – it is known – for example – for example – homosexuals, so it is similar to seeds. Truth, and this is known, and jewelry – for example – pen, and watch, all of this is homosexual, and they are at the limits of legal experts.

“True, Mitsli is something that has the equivalent, exactly the same, or very similar. His argument is the words of the Prophet sallallaahu ‘alayhi wa sallam to his wife who broke the vessels and damage food, (he said),’ vessel (replaced) with vessels, and food (replaced) with food. ‘ He did not replace it with value (price). Then we say, ‘Currently handicrafts are advanced. This is clear. And jewelry, for example, pen, and watch, all of them are Mitsli.

In this case Sheikh Muhammad bin Salih al-Utsaimin Rahimahullah and the writer of the book Zaadul in the future different. As for the consequences in returning debt, there is no difference. Namely, returning in the form of borrowed goods. If it’s gold, then return it with similar gold.

If it is unable to restore with the same one, then it is returned with a nominal according to the price at the time of payment of debt. When is it considered unable to return the commensurate item?

• If the goods are difficult to find, not sold everywhere. In the market, Di Online store, or other.
• Very high price increase. [4]

Notes:

Keep in mind, there is a difference between a gold borrowing contract and borrowing money because it sells gold.

• If someone borrows gold as a loan, then the person who owes gold sells gold for himself, then the person who owes the gold debt, not money.
• If the lender says, “Take my gold, then you sell it on the market, the proceeds from the sale please use it for loans.” Then this is a debt in the form of money, not gold. So that the borrower or debtor returns the nominal amount of money he borrowed when he sells gold. [5]

Conclusion

So that the gold -in -form debt has several conclusions,

• Legal debt is possible.
• The origin law in returning gold is returned to the same type. It is even permissible for the debt provider to provide conditions at the beginning to be returned with gold that is for example or the same type.
• Payables are allowed to restore more gold, with the condition that there is no agreement with the debt giver at the beginning of the contract.
• If the owner cannot return the gold in a similar form, then it can return the debt in another form. With the provisions in accordance with the nominal or gold price at the time of the owner wants to pay off the gold debt.
• If the owner sells gold on the order of the debt giver, then he uses the money from the sale as a debt, then the true owner owes money, not gold. So it is obliged to return a nominal amount of money when he borrowed it after selling the gold.

Hope it is useful. Wallahu ta’ala a’am.

[Bersambung]

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Depok, 25 Safar 1447/19 August 2025

Writer: Zia Abdurrofi

Article Muslim.or.id

Reference:

Syarhul Mumty ” All Zadil Mustaqny ‘, The work of Sheikh Muhammad bin Salih al-Utsaimin Rahimahullah.

Footnote:

[1] Syarhul Mumty ” All Zadil Mustaqny ‘, 9: 96.

[2] Syarhul Mumty ” All Zadil Mustaqny ‘, 9: 96.

[3] Adapted from: https://islamqa.info/ar/answers/136433

[4] Syarhul Mumty ” All Zadil Mustaqny ‘, 9: 107.

[5] Adapted from: https://www.islamweb.net/ar/fatwa/345421