This is the consensus of the scholars, every debt in which is profit, then it is Riba.
In the hadith it is stated,
كُلُّ قَرْضٍ جَرَّ مَنْفَعَةً فَهُوَ حَرَامٌ
"Any debt in which there is profit, then it is considered haram."
The above hadith was narrated by Al-Harith Ibn Abi Usamah in his Musnad as mentioned in Bugyah Al-Bahits, 1: 500, from the path of Sawar bin Mash'ab, from 'Imarah Al-Hamdani, from 'Ali radhiyallahu 'anhu by marfu' to the Prophet sallallaahu 'alaihi wa sallam. Ibn Hajar said that this hadith is problematic. Sawar bin Mash'ab, Ibn Ma'in said that he was laysa bisyai', which means that he is a dho'if perowi. Bukhari said that Sawar bin Mash'ah is munkarul hadith, meaning that it includes dho'if narrators. There is also a hadith as a reinforcement of Fadhalah bin 'Ubaid issued by Al-Baihaqi but dho'if -as said Ibn Hajar- in Bulughul Maram. There is also a hadith mauquf - sayings of friends - from 'Abdullah bin Salam, issued by Bukhari in Manaqib Al-Ansar, chapter Manaqib 'Abdullah bin Salam, no. 3814).
Although the above hadith is confirmed by the scholars, there is ijma' (agreement by scholars) that supports its meaning.
Ibn Qudamah wombahullah said,
وَكُلُّ قَرْضٍ شَرَطَ فِيهِ أَنْ يَزِيدَهُ ، فَهُوَ حَرَامٌ ، بِغَيْرِ خِلَافٍ
"Every debt that is required there is an additional, then it is haram. This is not disputed by the scholars." (Al-Mughni, 6: 436)
Then Ibn Qudamah brought the following words,
"Ibnul Mundzir" wombahullah said,
أَجْمَعُوا عَلَى أَنَّ الْمُسَلِّفَ إذَا شَرَطَ عَلَى الْمُسْتَسْلِفِ زِيَادَةً أَوْ هَدِيَّةً ، فَأَسْلَفَ عَلَى ذَلِكَ ، أَنَّ أَخْذَ الزِّيَادَةِ عَلَى ذَلِكَ رَبًّا .
"The scholars agree that if the person who gives the loan provides conditions for the borrower to give additional or a gift, then the transaction occurs like that, then taking the addition is usury."
It was narrated from Ubay bin Ka'ab, from Ibn 'Abbas and Ibn 'Abbas that they forbade debts from being withdrawn by profit because debts are social in nature and want to seek reward. If it is intentional to seek profit, then it is out of the context of its purpose. These additions can be additional funds or benefits.” see Al-Mughni, 6: 436.
However, according to Ibn Qudamah,
فَإِنْ أَقْرَضَهُ مُطْلَقًا مِنْ غَيْرِ شَرْطٍ ، فَقَضَاهُ خَيْرًا مِنْهُ فِي الْقَدْرِ ، أَوْ الصِّفَةِ ، أَوْ دُونَهُ ، بِرِضَاهُمَا ، جَازَ
"If you just lend without any conditions at the beginning (additional conditions, pen.), then repay it with a better one, i.e. repaid in excess or with a better character, then it is permissible, with the pleasure of both (not coercion, pen. )." (Al-Mughni, 6: 438)
So that not all profits in debt include usury. As long as it is not required at the beginning, it is still allowed. What this means is mentioned in the following hadith.
In the hadith of Abu Raafi 'that the Prophet sallallaahu 'alaihi wa sallam once borrowed from a young camel. Then there is the camel of zakat that is proposed in exchange. Prophet sallallaahu 'alaihi wa sallam then ordered Abu Raafi 'to replace the young camel that had been borrowed. Abu Raafi ' replied, "There is no camel in exchange for it except the best camel (which has a better age, -pen)." Prophet sallallaahu 'alaihi wa sallam then answer,
أَعْطُوهُ فَإِنَّ مِنْ خِيَارِ النَّاسِ أَحْسَنَهُمْ قَضَاءً
"Just give the best camel to him. Remember the best of people are those who are good at paying off their debts.(Narrated by Bukhari, no. 2392 and Muslim, no. 1600).
May Allah keep us away from usury and its dust.
Reference:
Al-Mughni. Print in 1432 H. Ibn Qudamah Al-Maqdisi. Publisher Dar 'Alam Al-Kutub.
Minhah Al-'Allam fi Sharh Bulugh Al-Maram. Third printing, year 1432 H. Shaykh 'Abdullah Al-Fauzan. Publisher Dar Ibn al-Jauzi.
Subul As-Salam Al-Muwshilah ila Bulugh Al-Maram. Second printing, year 1432 H. Muhammad bin Isma'il Al-Amir Ash-Shan'ani. Publisher Dar Ibn al-Jauzi.
—
@ Darush Sholihin, Baked, Friday full of grace, 15 Rabi'uts Tsani 1438 H (13-01-2017)
Source Rumaysho
Sunnah.
