Marseille have a bizarre set of terms terms that would have guaranteed a £5m close season switch to St James’ Park if he played 25 games or more for the Toon.
Obviously, with his double leg break and five months out of the game, that means there is no way he will now hit that figure.
Let's look at from a finacial aspect, Marseille will not use the loophole in the deal to recall the player because they would have to pay his wages.
They could wait until January and try to find another club willing to buy him – or even holding on to the midfielder themselves - but with such a serious injury who knows if Hatem Ben Arfa will return to the game the same player.
Alan Smith admits he has had to change his game after his horror injury, as did Alan Shearer when he was put out of the game at Goodison Park with that friendly against Chelsea.
However, Marseille chief Didier Deschamps says the Ligue 1 club will not stand in the way of Ben Arfa or Newcastle if they decide to press ahead and make the deal permanent.
Deschamps: “(The injury) is a shame because had just started to get his bearings with Newcastle. Now we’ll have to wait until the end of the season to see what happens.
“There is an option for Newcastle to purchase him, bound to a number of matches. He won’t play them obviously, but we’ll have to see what Newcastle do.
“There would be no problem for me in him returning to Marseille, but I don’t think it’s too much in his own plans.
“Personally, I sent Hatem a text (after his injury). I didn’t call him because I’m not sure if he would have replied. It’s a great pity. He’ll need patience, but he’ll be back to his best level.”