I am a girl of good character, praise be to Allaah. But one of my faults is that I love people more than is necessary and I cannot bear to see anyone suffering without sharing his pain. At work there is a young man who is sick with a sexually-transmitted disease. I got close to him and he got close to me so that I could reduce his pain and be kind to him, and I tried to help him but without getting involved sexually with him. I know that this is haraam, but is this zina? How should I deal with this young man who is with me at work all day long?
Please note that I have asked Allaah to forgive me for what I have done and I now fast every Monday and Thursday, and I pray and hope that Allaah will forgive me. I am now confused and I do not know whether Allaah will forgive me or what.
Praise be to Allaah.
Undoubtedly you have committed a grievous sin, in fact a number of sins, starting with your speaking to this man about these sexual matters, and ending with what you did to treat him. The Shaytaan has gradually led you astray and made you fall into evil; he has deceived you and made it look to you as if you are helping others and being kind to them.
No matter how soft-hearted a person may be, no matter how sensitive towards others, there are limits that must not be crossed.
We understand from your question that you work in a place where you mix with men. This is where evil begins. Perhaps this is an example of the evil consequences of women mixing with men at work. See also question no. 1200 and 6666.
You should note that it is not permissible for women to speak with men except for necessary purposes, when it should be done in a decorous and dignified manner, without speaking in a soft tone, as Allaah says (interpretation of the meaning):
“then be not soft in speech, lest he in whose heart is a disease (of hypocrisy, or evil desire for adultery) should be moved with desire, but speak in an honourable manner”
[al-Ahzaab 33:32]
If speaking in a soft manner is forbidden, then what about a woman speaking to a man about sex and sexual diseases?!
You must strive to leave this mixed work place and cut off all ties with this man whose lack of religious commitment is worse than any physical problems he may be suffering.
With regard to the question of whether what you have done is zina or not, the answer is what the Prophet (peace and blessings of Allaah be upon him) said, according to the hadeeth narrated by al-Bukhaari (5744) and Muslim (4801) from Abu Hurayrah: “Allaah has decreed for the son of Adam his share of zina, which will inevitably catch up with him. The zina of the eyes is looking and the zina of the tongue is speaking. The nafs (self) wishes and desires, and the private parts confirm that or deny it.”
Al-Nawawi said:
The meaning of this hadeeth is that the son of Adam has his share of zina decreed for him. Some of them commit zina in real terms, by engaging in illicit sexual intercourse. Some of them commit zina in a figurative sense by looking at haraam things or listening to stories or songs of zina and anything that may lead to it, or by touching or kissing a non-mahram woman, or by speaking in a haraam fashion with a non-mahram woman, and so on. These are all kinds of figurative zina, and the private part confirms that or denies it meaning that zina with the private parts may take place or may not. And Allaah knows best.
But by Allaah’s mercy towards His slaves He opens to them the door of repentance and seeking forgiveness, as He says (interpretation of the meaning):
“And verily, I am indeed forgiving to him who repents, believes (in My Oneness, and associates none in worship with Me) and does righteous good deeds, and then remains constant in doing them (till his death)”
[Ta-Ha 20:82]
“And whosoever repents and does righteous good deeds; then verily, he repents towards Allaah with true repentance”
[al-Furqaan 25:71]
You said that you have repented to Allaah, so do a lot of righteous deeds, so that Allaah may forgive you. Part of repentance means cutting all ties with this man and asking to be transferred away from the place where he works, indeed to be transferred away from a mixed workplace altogether, as stated above.
And Allaah knows best.
Thursday, 22 March 2012
Naafil prayers at times when prayer is not allowed
When the sun rises and sets, are all naafil prayers forbidden, even two rak’ahs for seeking forgiveness and the two rak’ahs following tawaaf and the prostration of recitation? What is the evidence for that?.
Praise be to Allaah.
Firstly:
We have already discussed the issue of naafil prayers at times when prayer is forgiven. Please se questions no. 306, 8818 and 20013.
Secondly:
The prostration of recitation is not prayer according to the more correct of the two scholarly opinions. We have already discussed this in questions no. 4913 and 22650.
Based on this, it is permissible to prostrate when reading one of the Qur’aanic verses where prostration is required at times when prayer is not allowed, according to the more correct of the two scholarly views, because that does not come under the same rulings as prayer. Even if we assume that it does come under the same rulings as prayer, it is permissible to do it at times when prayer is otherwise not allowed because it is something that is done for a reason, like the eclipse prayer, and the two rak’ahs following tawaaf if one has done tawaaf at a time when prayer is not allowed.
Fataawa al-Lajnah al-Daa’imah, 7/264.
Thirdly:
Your saying, “the two rak'ahs for seeking forgiveness”; perhaps what you mean is the two rak’ahs of repentance, which are prescribed when repenting from sin. It was narrated that Abu Bakrah (may Allaah be pleased with him) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “There is no man who commits a sin then he gets up, purifies himself and prays two rak’ahs, then asks Allaah to forgive him, but Allaah will forgive him.” Then he recited this verse (interpretation of the meaning):
“And those who, when they have committed Faahishah (illegal sexual intercourse) or wronged themselves with evil, remember Allaah and ask forgiveness for their sins; — and none can forgive sins but Allaah — and do not persist in what (wrong) they have done, while they know”
[Aal ‘Imraan 3:135]
Narrated by al-Tirmidhi, 408; Abu Dawood, 1521; Ibn Maajah, 1395. Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 1346.
The two rak’ahs of repentance constitute a prayer for which there is a reason, so it is permissible to do that at a time when prayer is otherwise not allowed. And Allaah knows best.
In other saheeh reports there are other descriptions of the two rak’ahs which expiate for sin. This may be summed up as follows:
- There is no one who does wudoo’ and does it well (because sins come out from the washed limbs with the water or with the last drop of water)
Part of doing wudoo’ well is to say Bismillaah (In the name of Allaah) before starting it, and reciting dhikr after it, as follows: Ashhadu an laa ilaaha ill-Allaah wahdahu laa shareeka lah, wa ashhadu anna Muhammadan ‘abduhu wa rasooluhu. Allaahumma aj’alni min al-tawwaabeena waj’alni min al-mutatahhareen. Subhaanaka Allaahumma wa bi hamdika, ashhadu an laa ilaaha illa anta, astaghfiruka wa atoobu ilayk (I bear witness that there is no god but Allaah alone, with no partner or associate, and I bear witness that Muhammad is His slave and Messenger. O Allaah, make me one of those who repent and make me one of the purified. Glory and praise be to You, O Allaah, I bear witness that there is no god but You, I seek Your forgiveness and I repent to You). This dhikr recited after wudoo’ brings a great reward.
- Then he gets up and prays two rak’ahs
- In which he does not make any mistake
- And does not let his mind wander
- And he remembers Allaah and focuses with proper humility
- Then he asks Allaah to forgive him
The outcome will be: that he is forgiven for his previous sins and will deserve Paradise.
Saheeh al-Targheeb, 1/210-211.
Praise be to Allaah.
Firstly:
We have already discussed the issue of naafil prayers at times when prayer is forgiven. Please se questions no. 306, 8818 and 20013.
Secondly:
The prostration of recitation is not prayer according to the more correct of the two scholarly opinions. We have already discussed this in questions no. 4913 and 22650.
Based on this, it is permissible to prostrate when reading one of the Qur’aanic verses where prostration is required at times when prayer is not allowed, according to the more correct of the two scholarly views, because that does not come under the same rulings as prayer. Even if we assume that it does come under the same rulings as prayer, it is permissible to do it at times when prayer is otherwise not allowed because it is something that is done for a reason, like the eclipse prayer, and the two rak’ahs following tawaaf if one has done tawaaf at a time when prayer is not allowed.
Fataawa al-Lajnah al-Daa’imah, 7/264.
Thirdly:
Your saying, “the two rak'ahs for seeking forgiveness”; perhaps what you mean is the two rak’ahs of repentance, which are prescribed when repenting from sin. It was narrated that Abu Bakrah (may Allaah be pleased with him) said: I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: “There is no man who commits a sin then he gets up, purifies himself and prays two rak’ahs, then asks Allaah to forgive him, but Allaah will forgive him.” Then he recited this verse (interpretation of the meaning):
“And those who, when they have committed Faahishah (illegal sexual intercourse) or wronged themselves with evil, remember Allaah and ask forgiveness for their sins; — and none can forgive sins but Allaah — and do not persist in what (wrong) they have done, while they know”
[Aal ‘Imraan 3:135]
Narrated by al-Tirmidhi, 408; Abu Dawood, 1521; Ibn Maajah, 1395. Classed as saheeh by al-Albaani in Saheeh Abi Dawood, 1346.
The two rak’ahs of repentance constitute a prayer for which there is a reason, so it is permissible to do that at a time when prayer is otherwise not allowed. And Allaah knows best.
In other saheeh reports there are other descriptions of the two rak’ahs which expiate for sin. This may be summed up as follows:
- There is no one who does wudoo’ and does it well (because sins come out from the washed limbs with the water or with the last drop of water)
Part of doing wudoo’ well is to say Bismillaah (In the name of Allaah) before starting it, and reciting dhikr after it, as follows: Ashhadu an laa ilaaha ill-Allaah wahdahu laa shareeka lah, wa ashhadu anna Muhammadan ‘abduhu wa rasooluhu. Allaahumma aj’alni min al-tawwaabeena waj’alni min al-mutatahhareen. Subhaanaka Allaahumma wa bi hamdika, ashhadu an laa ilaaha illa anta, astaghfiruka wa atoobu ilayk (I bear witness that there is no god but Allaah alone, with no partner or associate, and I bear witness that Muhammad is His slave and Messenger. O Allaah, make me one of those who repent and make me one of the purified. Glory and praise be to You, O Allaah, I bear witness that there is no god but You, I seek Your forgiveness and I repent to You). This dhikr recited after wudoo’ brings a great reward.
- Then he gets up and prays two rak’ahs
- In which he does not make any mistake
- And does not let his mind wander
- And he remembers Allaah and focuses with proper humility
- Then he asks Allaah to forgive him
The outcome will be: that he is forgiven for his previous sins and will deserve Paradise.
Saheeh al-Targheeb, 1/210-211.
Hajj with haraam money
My wife was working as a sales clerk in a store selling women’s clothes that are haraam according to sharee’ah. Praise be to Allaah, she has now left this job. Naturally she was given a lump sum commensurate with the time she was working at that job. We had agreed – with the consent and approval of my wife – that we would use this money to cover the Hajj expenses for my father and mother. Although my father has done Hajj before, my mother has not, but they are old now. Is that permissible, or is it better for my wife and I to do Hajj? Please note that my wife and I want to do Hajj next year in sha Allah, and that we do not have any savings apart from this money. Is it permissible for us to use this money for Hajj in either case? I hope you can advise us, may Allaah reward you with all good.
Praise be to Allaah.
Firstly:
For the person who wants to do Hajj, the money for his expenses must be halaal and from a good source, because halaal money helps you to obey and worship Allaah, and keeps you from committing sin.
There is the fear that if a person does Hajj with haraam money, Allaah may not accept his Hajj, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is Good and only accepts that which is good.” Narrated by Muslim, 1015.
Ibn ‘Abdoos (may Allaah have mercy on him) said: “Note that the pillar and foundation of religion is food that is earned by halaal means. If a person has a good source of earning, his actions will be pure. Whoever does not have a good source of earning, there is the fear that his prayer, fasting, Hajj, jihad and all other deeds will not be accepted, because Allaah says (interpretation of the meaning):
‘Verily, Allaah accepts only from those who are Al-Muttaqoon (the pious’
[al-Maa’idah 5:27]
‘Umar looked at the people who were praying and said, “I am not deceived by any one of you raising and lowering his head. Religious commitment means being cautious with regard to the limits of Allaah, refraining from that which Allaah has forbidden, and acting in accordance with that which Allaah has permitted and forbidden.”
Ibn ‘Umar said: The best of the pilgrims are those with the purest intentions and the purest earnings, and the strongest faith.”
From al-Madkhil, 4/210, by Ibn al-Haajib al-Maaliki.
It was narrated that one of the imams said:
If you do Hajj with money whose source is haraam, you have not done Hajj, but your donkey has done Hajj.
Allaah does not accept anything but that which is good, and not every one who does Hajj will have his Hajj accepted.
In Mawaahib al-Jaleel Sharh Mukhtasar Khaleel (2/530) it says:
Whoever does Hajj with haraam money, his Hajj is not acceptable, as was clearly stated by more than one of the scholars. That is because he has not met the conditions of it being accepted, because Allaah says (interpretation of the meaning):
‘Verily, Allaah accepts only from those who are Al-Muttaqoon (the pious’
[al-Maa’idah 5:27]
A number of the scholars indicated that Hajj in this case is not acceptable, such as al-Ghazaali, al-Qaraafi, al-Qurtubi and al-Nawawi. Al-Ghazaali narrated this from Ibn ‘Abbaas and that is sufficient proof.
Shaykh Abu ‘Abd-Allaah Muhammad ibn Rushayd al-Baghdaadi said in his qaseedah (ode) on the rituals of Hajj, which is known as al-Dhahabiyyah:
Perform your Hajj with money whose source you are sure is halaal, and keep away from haraam earnings.
Whoever uses haraam earnings for Hajj, need not go to the trouble of performing Hajj,
Because every time he recites the Talbiyah, Allaah respond by rejecting his Hajj.
Secondly:
It is not permissible to make use of haraam money. Repentance from that means getting rid of it and spending it on charitable purposes.
If you spend this money on your father and mother, that means that you are benefitting from it, because you are using this instead of spending on them as you are obliged to do, and this is not permissible.
Thirdly:
If you do not have halaal money with which you and your wife can go for Hajj, then wait until you have earned halaal money with which you can do Hajj, because Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)”
[Aal ‘Imraan 3:98]
If Allaah blesses you with a good and halaal income, then you must hasten to do Hajj.
We ask Allaah to accept your good deeds and ours, and to help us to repent sincerely.
And Allaah knows best.
Praise be to Allaah.
Firstly:
For the person who wants to do Hajj, the money for his expenses must be halaal and from a good source, because halaal money helps you to obey and worship Allaah, and keeps you from committing sin.
There is the fear that if a person does Hajj with haraam money, Allaah may not accept his Hajj, because the Prophet (peace and blessings of Allaah be upon him) said: “Allaah is Good and only accepts that which is good.” Narrated by Muslim, 1015.
Ibn ‘Abdoos (may Allaah have mercy on him) said: “Note that the pillar and foundation of religion is food that is earned by halaal means. If a person has a good source of earning, his actions will be pure. Whoever does not have a good source of earning, there is the fear that his prayer, fasting, Hajj, jihad and all other deeds will not be accepted, because Allaah says (interpretation of the meaning):
‘Verily, Allaah accepts only from those who are Al-Muttaqoon (the pious’
[al-Maa’idah 5:27]
‘Umar looked at the people who were praying and said, “I am not deceived by any one of you raising and lowering his head. Religious commitment means being cautious with regard to the limits of Allaah, refraining from that which Allaah has forbidden, and acting in accordance with that which Allaah has permitted and forbidden.”
Ibn ‘Umar said: The best of the pilgrims are those with the purest intentions and the purest earnings, and the strongest faith.”
From al-Madkhil, 4/210, by Ibn al-Haajib al-Maaliki.
It was narrated that one of the imams said:
If you do Hajj with money whose source is haraam, you have not done Hajj, but your donkey has done Hajj.
Allaah does not accept anything but that which is good, and not every one who does Hajj will have his Hajj accepted.
In Mawaahib al-Jaleel Sharh Mukhtasar Khaleel (2/530) it says:
Whoever does Hajj with haraam money, his Hajj is not acceptable, as was clearly stated by more than one of the scholars. That is because he has not met the conditions of it being accepted, because Allaah says (interpretation of the meaning):
‘Verily, Allaah accepts only from those who are Al-Muttaqoon (the pious’
[al-Maa’idah 5:27]
A number of the scholars indicated that Hajj in this case is not acceptable, such as al-Ghazaali, al-Qaraafi, al-Qurtubi and al-Nawawi. Al-Ghazaali narrated this from Ibn ‘Abbaas and that is sufficient proof.
Shaykh Abu ‘Abd-Allaah Muhammad ibn Rushayd al-Baghdaadi said in his qaseedah (ode) on the rituals of Hajj, which is known as al-Dhahabiyyah:
Perform your Hajj with money whose source you are sure is halaal, and keep away from haraam earnings.
Whoever uses haraam earnings for Hajj, need not go to the trouble of performing Hajj,
Because every time he recites the Talbiyah, Allaah respond by rejecting his Hajj.
Secondly:
It is not permissible to make use of haraam money. Repentance from that means getting rid of it and spending it on charitable purposes.
If you spend this money on your father and mother, that means that you are benefitting from it, because you are using this instead of spending on them as you are obliged to do, and this is not permissible.
Thirdly:
If you do not have halaal money with which you and your wife can go for Hajj, then wait until you have earned halaal money with which you can do Hajj, because Allaah says (interpretation of the meaning):
“And Hajj (pilgrimage to Makkah) to the House (Ka‘bah) is a duty that mankind owes to Allaah, those who can afford the expenses (for one’s conveyance, provision and residence)”
[Aal ‘Imraan 3:98]
If Allaah blesses you with a good and halaal income, then you must hasten to do Hajj.
We ask Allaah to accept your good deeds and ours, and to help us to repent sincerely.
And Allaah knows best.
Tuesday, 13 March 2012
He borrows money from his friend and returns the money to him with a share of the profit
I work as a trader. Is it permissible for me to borrow from a Christian friend of mine, and agree with him to return the money to him with a proportion of the profit? I specify the time period and the profit myself.
Praise be to Allaah.
It is not permissible to take a Christian as a close friend, because Allaah has stated that there can be no close ties between them, as He says (interpretation of the meaning):
“You (O Muhammad صلى الله عليه وسلم) will not find any people who believe in Allaah and the Last Day, making friendship with those who oppose Allaah and His Messenger (Muhammad صلى الله عليه وسلم), even though they were their fathers or their sons or their brothers or their kindred (people)”
[al-Mujaadilah 58:22]
“O you who believe! Take not for Awliyaa’ (protectors or helpers or friends) disbelievers instead of believers. Do you wish to offer Allaah a manifest proof against yourselves?”
[al-Nisa’ 4:144]
“O you who believe! Take not the Jews and the Christians as Awliyaa’ (friends, protectors, helpers), they are but Awliyaa’ of each other. And if any amongst you takes them (as Awliyaa’), then surely, he is one of them. Verily, Allaah guides not those people who are the Zaalimoon (polytheists and wrongdoers and unjust)”
[al-Maa’idah 5:51]
“O you who believe! Take not as Awliyaa’ (supporters and helpers) your fathers and your brothers if they prefer disbelief to Belief. And whoever of you does so, then he is one of the Zaalimoon (wrongdoers)”
[al-Tawbah 9:23]
“O you who believe! Take not as (your) Bitaanah (advisors, consultants, protectors, helpers, friends) those outside your religion (pagans, Jews, Christians, and hypocrites) since they will not fail to do their best to corrupt you. They desire to harm you severely. Hatred has already appeared from their mouths, but what their breasts conceal is far worse. Indeed We have made plain to you the Ayaat (proofs, evidences, verses) if you understand”
[Aal ‘Imraan 3:118]
And the Prophet (peace and blessings of Allaah be upon him) said: “Do not keep company with anyone but a believer.” narrated by Abu Dawood (4832) and classed as hasan by al-Albaani in Saheeh Abi Dawood.
And there are other texts which indicate that it is haraam to take kaafirs as close friends or love them and choose them as confidantes and close friends. See also the answer to question no. 2179.
Secondly:
It is permissible to interact with the kuffaar by buying, selling, lending, pledging and so on, so there is nothing wrong with you borrowing money from him, but it is not permissible for that to involve interest, because that is riba which is haraam. If a person borrows one hundred from someone on the basis that he will give him back one hundred and ten, for example, then he has fallen into riba which is one of the worst of major sins, because every loan which brings a benefit is riba.
The permissible way to do it in this case is to take the money from him and give it back to him without paying anything extra. This is the good kind of loan which is acceptable in sharee’ah.
It is permissible for him to join you as a (business) partner, so he can give you the money for you to use in business, on the basis that he will have a set share of the profit which Allaah decrees for you, such as five or ten percent of your profits. This share must be agreed upon before the partnership begins, and it is not permissible for it to remain unknown. You can agree on what the share should be, whether it is a little or a lot.
So you can agree that you will invest his money for a year, for example, and he will have a quarter of the profit or 10%. Then whatever profit you make, whether it is a little or a lot, give him his share. If you do not make any profit, then he is not entitled to anything. This is what is called mudaarabah (profit sharing) in sharee’ah.
In the event of loss, the loss is borne by all partners according to each partner’s share of the capital, and it is not permissible to agree to share the loss in any other manner.
And Allaah knows best.
Paying off a loan in another currency – permissible and forbidden forms
I borrowed some money in dollars from a friend, and I paid him back in Saudi riyals in instalments based on the rate of exchange at that time (the time of the loan). What is the ruling on that?.
Praise be to Allaah.
The basic principle is that loans should be repaid in the same currency as they were taken by the borrower, unless the two parties agree at the time of repayment to repay it in a different currency. There is nothing wrong with that, so long as that is done at the rate of exchange on the day of repayment, not the rate of exchange that existed on the day when the loan was given. This applies to every payment; it is permissible for the two parties to agree at the time of repayment that it may be paid in a different currency, at the current rate of exchange.
But you should be aware that there are three haraam forms of such transactions:
-1-
Where the two parties agree at the time of the loan to pay it back in a different currency. This is haraam, because in this case the transaction is actually selling the present currency for another currency to be paid at a later date, which is riba al-nasee’ah. One of the conditions of selling one kind of currency for another is that it be done hand to hand, as is indicated by the words of the Prophet (peace and blessings of Allaah be upon him): “Gold for gold, silver for silver, like for like, same for same, hand to hand… but if these commodities differ, then sell as you wish, if it is hand to hand.” Narrated by Muslim (1578) from ‘Ubaadah ibn al-Saamit.
The currencies that exist nowadays are based on the value of gold and silver, so they come under the same rulings as them.
-2-
Where they do not agree to that initially, but they agree on a different currency at the time of repayment and they work it out based on the rate of exchange at the time of the loan. This is also haraam, and it is like the form mentioned above. The fuqaha’ quoted as evidence that it is haraam the well known hadeeth that was narrated by Ahmad (6239), Abu Dawood (3354), al-Nasaa’i (4582), al-Tirmidhi (1242) and Ibn Majaah (2262) from Ibn ‘Umar (may Allaah be pleased with him) who said: I used to sell camels for dinars [i.e., to be paid at a later date] but accept dirhams, and sell them for dirhams but accept dinars. I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that and he said: “There is nothing wrong with taking it based on the current price, so long as you do not separate with something still outstanding.” This hadeeth was classed as saheeh by some scholars, such as al-Nawawi and Ahmad Shaakir; others classed the words of Ibn ‘Umar, but not the words of the Prophet (peace and blessings of Allaah be upon him), as saheeh, such as al-Haafiz Ibn Hajar and al-Albaani. See: Irwa’ al-Ghaleel (5/173).
There is another reason for this prohibition, which is that if you take more than the price on the day of repayment, then you have made a profit on something that is not in your possession, and the Prophet (peace and blessings of Allaah be upon him) forbade making a profit on anything that is not in one’s possession. Narrated by the authors of al-Sunan with a saheeh isnaad.
-3-
Where they agree at the time of repayment to repay it in a different currency, but they part with something till outstanding. For example, if the loan is one thousand dollars, and they agree when the time comes to pay it back in pounds, let’s say 5000, and he takes 4000 but the borrower still owes 1000. This is not permissible, because when selling one currency for another, it is stipulated that it should be done hand to hand, as stated above.
Al-Khattaabi (may Allaah have mercy on him) said, commenting on the hadeeth of Ibn ‘Umar quoted above: It is stipulated that they should not part with anything outstanding between them, because paying off dirhams with dinars is an exchange of currency, and a transaction that involves exchanging currencies is not valid unless it is done hand to hand. End quote from ‘Awn al-Ma’bood.
But if the loan is to be paid off in instalments, then there is nothing wrong with agreeing to pay each instalment at the rate of exchange on the day it is paid. There are no shar’i reservations about that, because it does not involve any delay in exchanging the currency.
There follow some comments of the scholars concerning this issue:
The scholars of the Standing Committee for Issuing Fatwas were asked: I borrowed some money from someone (French currency) on the condition that I would give it back to him in France, but when he came to Algeria he asked me to give him Algerian dirhams with some extra. What is the ruling on that?
They replied: It is permissible to pay him back in Algeria the same amount in French currency or the equivalent at the current rate of exchange in Algerian currency, so long as it is handed over before you part. End quote from Fataawa al-Lajnah al-Daa’imah (14/143).
They were also asked (14/144): What is the ruling on borrowing money in one currency then paying the loan back a few months later in a different currency, when the price of the currency may have changed during the period of the loan?
They replied: If a person borrows money without stipulating any interest to be paid, or he repays it in another currency at the rate of exchange at the time of repayment, without stipulating anything that benefits the lender, that is permissible, because that involves cooperation between Muslims and meeting their needs. But if he stipulates that he has to pay interest on this loan or that he has to give it back in a certain currency or offer any benefit to the lender, then it is haraam, because it is riba that is forbidden according to the Qur’aan and Sunnah and scholarly consensus. End quote.
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: One of my relatives who lives in Cairo has asked me for a loan of 2500 Egyptian pounds, and I sent him 2000 dollars, which he sold and got 2490 Egyptian pounds. Now he wants to pay back the loan. Please note that we did not agree on a time or method for repayment. My question is: Should I take from him 2490 Egyptian pounds, which is currently worth 1800 US dollars (less than the amount that I gave him in dollars) or should I take 2000 dollars, knowing that this will mean that he has to buy the dollars for approximately 2800 Egyptian pounds (i.e., over 300 pounds more than he actually got)?
He replied: What he must do is return the dollars that he borrowed from you, because this is the loan that he got from you. But if you agree that he will give you Egyptian pounds, there is nothing wrong with that. Ibn ‘Umar (may Allaah be pleased with him) said: We used to sell camels in al-Baqee’ for dirhams and accept dinars for them, and we would sell for dinars and accept dirhams. The Prophet (peace and blessings of Allaah be upon him) said: “There is nothing wrong with taking it based on the current price, so long as you do not separate with something still outstanding.” This is selling one currency for another, which is akin to selling gold for silver. If you and he agree that he will repay you for these dollars in Egyptian pounds, so long as you do not take from him more pounds than are dictated by the rate of exchange at the time when you agree to that, there is nothing wrong with it. For example, if 2000 dollars are equivalent to 2800 pounds now, it is not permissible for you to take three thousand pounds from him, but it is permissible for you to take 2800 pounds, and it is permissible for you to take 2000 dollars only, i.e., you should take it at the current price or less, and do not take more because if you take more, you will have made a profit on something that is not in your possession, and the Prophet (peace and blessings of Allaah be upon him) forbade making a profit on anything that is not in one’s possession.. But if you take less, you will have taken some of what you are entitled to, and waived the rest, and there is nothing wrong with that. End quote from Fataawa Islamiyyah (2/414).
And Allaah knows best.
Borrowing money from the bank to start a business with the state as guarantor
I would like to know the ruling on establishing a project financed by banks and associations and the state will be my guarantor, in order to earn and help myself. The state wants to implement this idea to limit and control unemployment. Nowadays, as you know, there are no jobs available but for who has connections or who bribes.
Praise be to Allaah.
If the loan that you are going to get is a goodly loan in which there is no stipulation of interest, there is nothing wrong with you taking it and starting a business with it, so long as you resolve to pay it back, because the Prophet (peace and blessings of Allaah be upon him) said: “Whoever takes people’s wealth intending to pay it off, Allaah will help him to pay it off, but whoever takes it intending to use it up (without repaying), Allaah will destroy him.” Narrated by al-Bukhaari (2387).
But if it is a loan in which interest is stipulated, it is not permissible to take it, even if the interest is little, because of the stern prohibition on riba and its abhorrent nature, and because of the reports which state that the one who consumes it and the one who pays it are cursed. It makes no difference whether the riba is with the state or with institutions belonging to it or with people in general.
There are means of earning halaal income, even if it seems that they are few. But the one who fears Allaah will find ways and doors will be opened to him, and he will find provision from places he never imagined, as Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things”
[al-Talaaq 65:2-3]
It is not permissible for anyone to seek to hasten the provision that has been decreed by committing haraam actions. The Prophet (peace and blessings of Allaah be upon him) said: “The Holy Spirit (Jibreel) has inspired to me that no soul will die until it has completed its appointed term and received its provision in full, so fear Allaah and do not be desperate in seeking provision, and no one of you should be temped to seek provision by means of committing sin if it is slow in coming to him, for that which is with Allaah can only be attained by obeying Him.” Narrated by Abu Na’eem in al-Hilyah from the hadeeth of Abu Umaamah; classed as saheeh by al-Albaani in Saheeh al-Jaami’, no. 2085.
The scholars of the Standing Committee for issuing Fatwas were asked: Because there are no opportunities for work in our country, the state has started a social fund program, which refers to small projects for newly-graduated youth. I submitted my project to them, and my project has to do with agriculture, because I have experience in this field. After discussing the project and studying its feasibility, an agreement was reached and I was approved for a loan from to the bank. At that point I found out that the matter is a loan to be paid off after five years or over five years, with interest at a rate of 9%. Some people say that it is riba, so I decided not to go ahead until I ask you. What is the ruling on this loan?
They replied:
If the matter is as described in the question, then this action is not permissible, because it is clearly based on riba. Allaah has forbidden riba and cursed the one who consumes it, the one who pays it, the two who witness it and the one who writes it down. You should seek provision in permissible ways. Allaah says (interpretation of the meaning):
“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).
3. And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allaah, then He will suffice him. Verily, Allaah will accomplish his purpose. Indeed Allaah has set a measure for all things”
[al-Talaaq 65:2-3]
‘Abd al-‘Azeez ibn ‘Abd-Allaah ibn Baaz, ‘Abd al-‘Azeez Aal al-Shaykh, ‘Abd-Allaah ibn Ghadyaan, Saalih al-Fawzaan, Bakr Abu Zayd.
End quote from Fataawa al-Lajnah al-Daa’imah (13/425)
See also the answer to question no. 45852.
We ask Allaah to grant you provision from His bounty and to make you independent of means by that which He has permitted so that you have no need of that which He has forbidden.
And Allaah knows best.
It is haraam to pay interest because of inflation
Is it harm to pay interest based on inflation.
Praise be to Allaah.
Yes, it is haraam to pay interest on loans even if that is because of inflation.
The scholars are agreed that if it is stipulated that a loan be repaid with something extra, that is riba (usury) which is forbidden by Allaah and His Messenger.
Ibn Qudaamah said in al-Mughni (6/436):
Every loan in which it is stipulated that something extra be repaid is haraam, and there is no difference of scholarly opinion on this point.
Ibn al-Mundhir said: They are unanimously agreed that if the lender stipulates that the borrower pay something extra or give him s gift, and gives the loan on the basis of receiving something extra, that is riba.
It was narrated that Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn Mas’ood forbade loans that brought benefits. End quote.
The scholars stated that the borrower must return the same amount of property as he borrowed, regardless of whether its value on the day of paying it back is higher or lower than it was on the day that he borrowed it.
But Imam Ahmad (may Allaah have mercy on him) made an exception in one case, which is if the ruler has forbidden dealing in the currency in which the loan was made, in which case its value on the day of the loan should be worked out, then the loan should be repaid in the new currency. That is because a ban on dealing in it means that it is no longer valid and no longer has any value.
Ibn Qudaamah said in al-Mughni (6/441):
We mentioned that the borrower should return the same amount, whether the price has fallen or risen, or is still the same. … If the loan was in coins that the ruler has banned, and they are no longer dealt in, then the lender is entitled to the equivalent value, but he does not have to accept it. … Maalik, al-Layth ibn Sa’d and al-Shaafa’i said: He is not entitled to anything except what he lent, because that is not because anything happened to what he lent, so it is like a decrease in its price. The evidence for what we have said is that if the ruler bans it, then it cannot be spent and it is no longer valid. So it is as if part of it has been destroyed or lost. But as for a fall in prices, that does not mean that it cannot be repaid, whether it is a lot or a little, because nothing has happened to it, rather the price has changed. It is like wheat, when the price for it rises or falls. End quote.
And Allaah knows best.
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