Is replacing a lost book with five identical copies of it, or with a monetary value determined by a university committee, considered usury?
Scholars have differed regarding the guarantee of an 'āriya (borrowed item) if it is damaged. However, the university's condition of returning five copies of the book or more than its value if it is damaged does not constitute usury (riba). Some scholars have addressed the issue of stipulating the return of a borrowed item with more than its value if it is damaged, debating whether only the condition is invalidated, or the contract itself, or if it is considered a void lease, given that the excess is in exchange for the usufruct. The books Al-Ghurar Al-Bahiyya, Hashiyat Al-'Abbadi, Nihayat Al-Muhtaj, and Nihayat Al-Matlab contain differing opinions on this matter.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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