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Borrow a Motorcycle Then Ask for Full Gasoline Content, Does It Include Riba?

We have understood the rules understood by the scholars,

كُلُّ قَرْضٍ جَرَّ مَنْفَعَةً فَهُوَ حَرَامٌ

"Any debt in which there is profit, then it is considered haram."

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)

We need to understand a law not just from lafazh. Understanding a law from its true nature.

There are two terms that need to be understood, namely Al-'Aariyah and Al-Qordh.

Example al-'aariyah: Someone lent a motorbike to use one day, then the next day the motorbike was returned. For al-'aariyah, the motor does not change ownership.

Example al-qordh: borrow one million rupiah, then return one million rupiah not with the same money but a substitute. Aliases, for al-qordh there is a change of ownership and later replaced.

For al-'aariyah means not changing ownership. For al-qordh means to change ownership.

Is it correct to say borrowing a friend's motorbike is called qordh so that the law of usury applies?

Or is that not qordh but 'aariyah?

If it's 'aariyah, then it's legal to ask for gasoline to be filled, so that the contract turns into an ijaaroh (rent).

Source Rumasyho

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