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The question

Is borrowing a pen to be returned as two pens, or a garment as two garments, considered usury?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The rule concerning loans is that the borrower must return an equivalent item for fungible goods and the value for non-fungible goods. It is not permissible to stipulate an increase in a loan, because a loan with an increase is usury (riba), based on the Prophet's (peace be upon him) saying: "Whoever gives or takes an increase has engaged in usury; the receiver and the giver are equal in this."

Therefore, if someone lends an unused pen, the borrower must return a similar pen, because manufactured pens nowadays are considered fungible goods.

However, if the pen was used, it becomes a non-fungible item, and its value on the day the borrower received it becomes a debt owed by the borrower. When repaying, there is no harm in paying an amount equivalent to that value, with the mutual consent of both parties.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
174642
Imported
Translation status
Source text, unreviewed
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