The prohibition of procrastination by a rich person in fulfilling his obligation
بـسـم الله والحـمـد لله والـصلاة والـسـلام عــلى رسـول الله، وبـعـد
[Sharh Riyaadh al-Saaliheen (6/302-305) of Shaikh
al-`Uthaymeen رحمه الله]
Allaah تعالى says:
{إن
الله يأمركم أن تؤدوا الأمانات إلى أهلها}
{Verily! Allaah
commands that you should render back the trusts to those, to whom they are due} [Surah al-Nisaa’ (4): 58]
He تعالى also says:
{فإن
أمن بعضكم بعضا فليؤد الذي اؤتمن أمانته}
{then if one of
you entrust the other, let the one who is entrusted discharge his trust
(faithfully)} [Surah al-Baqarah
(2): 283]
Narrated Abu Hurairah رضي الله
عنه: the Prophet صلى الله عليه وسلم
said:
مطل
الغني ظلم، وإذا أتبع أحدكم على مليء فليتبع
“Procrastination (delay) in paying debts by a wealthy man
is injustice. So, if your debt is transferred from your debtor to a rich
debtor, you should agree.” [Saheeh al-Bukhaaree (2287, 2288, 2400)
and Saheeh Muslim (4085)]
Shaikh al-`Uthaymeen رحمه
الله said:
The
author (Imaam al-Nawawee) رحمه الله
mentioned in his book: “Chapter: Prohibition of procrastination by a rich
person”, i.e. in the rights that others have on him. The act of delaying
unnecessarily is injustice. If a person has some rights over another person and
he asks him for it, but this (other) person keeps delaying it (unnecessarily),
then this is injustice, forbidden and transgression.
A form of this (oppression) is what some of the sponsors do with those under their sponsorship. They
(the sponsors), and Allaah’s refuge is sought, procrastinate (their dues) and
harm them and do not give them (their rights). So one sees that this poor
person – who has left his family and country behind in search for means of
livelihood – waiting for four month, five months or even more, while the
sponsor is procrastinating his dues. Allaah’s refuge is sought, he (the
sponsor) also threatens him that if he complains (to the authorities), he will
deport him. Do they not know that Allaah تعالى is above them and is Higher than them (in
Might and Power) and (do they not fear) that He تعالى may appoint over them someone who will
punish them severely (and put them in trials) even before they die. We ask
Allaah for our wellbeing.
These
(sponsored) are poor people and the Prophet صلى الله
عليه وسلم said:
قال
اللهُ : {ثلاثةٌ أنا خصمهم يومَ القيامةِ : رجلٌ أعطى بي ثم غدرَ ، ورجلٌ باع
حرًّا فأكل ثمنَه ، ورجلٌ استأجرَ أجيرًا فاستوفى منهُ ولم يُعْطِه أجرَه}
“Allaah تعالى said: {I will be against
three persons on the Day of Resurrection: -1. One who makes a covenant in My
Name, but he proves treacherous. -2. One who sells a free person (as a slave)
and eats the price, -3. And one who employs a laborer and gets the full work
done by him but does not pay him his wages.}”
[Saheeh al-Bukhaaree (2227, 2270) on the authority of Abu Hurairah رضي الله عنه]
Allaah
will be against these people on the Day of Judgment. We seek Allaah’s refuge
from their state of affairs; and their plotting (against those under their
sponsorship) is oppression. Every hour, rather every moment that passes by in
which they do not fulfill the rights of others only increases their distance
from Allaah, and Allaah’s refuge is sought. (Do they not know) that oppression
is darkness on the Day of Judgment. [1]
[1]
[Saheeh al-Bukhaaree (2447) on the authority of Ibn `Umar رضي الله
عنهما and Saheeh Muslim (6471,
6472) on the authority of Jaabir ibn `Abdullaah and Ibn `Umar رضي الله
عنهم that the Prophet صلى الله عليه وسلم
said: (same as above)]
Then the author, as evidence, mentioned the saying of
Allaah تعالى:
{إن
الله يأمركم أن تؤدوا الأمانات إلى أهلها}
{Verily! Allaah
commands that you should render back the trusts to those, to whom they are due} [Surah al-Nisaa’ (4): 58]
From
the trust is (paying) the price agreed. If a person sells you something and you still
owe him some money from that transaction, then that is a trust upon you. You
should repay it as soon as possible, and it is not allowed for you to delay the
payment.
As
further evidence, the author also mentioned the Hadeeth of Abu Hurairah رضي الله عنه that the Prophet صلى الله
عليه وسلم said:
“Procrastination in paying debts by a wealthy man is
injustice. So, if your debt is transferred from your debtor to a rich debtor,
you should agree.”
In
this Hadeeth the Prophet صلى الله عليه وسلم
gathered between (the two acts): -1. being good in carrying out (an obligation)
and -2. being good in following (what is required from us). As for being good
in carrying out the obligation, the Prophet صلى الله
عليه وسلم said: “Procrastination in paying debts by a wealthy man is
injustice”, it implies the command that a person should be proactive
in fulfilling the rights (of others) and that he should not delay it
(unnecessarily), otherwise he is an oppressor.
There
are many, who when approached to pay the price or the fare, will say: “(I will
pay) tomorrow or a day after it” etc while he has the money with him to repay
it back. But it is the Shaitaan who plays with him; and as if were he to hold
on to that money, it would increase (his wealth); and as if it would automatically payoff the
debt. It is a strange behavior from them, those who behave foolishly and who
have gone astray from their religion. Do they think that by just delaying the
payment they will be able to get rid of the rights that others have on them?
Never! He has to pay the rights, whether he pays it today or after ten days or
after twenty years, it is only Shaitaan playing with them (and deceiving them).
And
in the saying of the Prophet صلى الله عليه وسلم:
“Procrastination in paying debts by a wealthy
man is injustice” is also evidence that procrastination by a poor
person is not injustice, especially when the person has nothing (with which to
pay-off the debt). So procrastination on his part is not injustice, rather in
this case, the oppressor is the one who forces him to pay back. Therefore, if
your companion is a poor person, then it is binding upon you to consider the
situation (and wait), neither asking it from him nor forcing him (by
complaining against him to the authorities) as per the saying of Allaah تعالى:
{وإن
كان ذو عسرة فنظرة إلى ميسرة}
{And if the debtor is in a
hard time (has no money), then grant him time till it is easy for him to repay}
[Surah al-Baqarah (2): 280]
So
Allaah تعالى has made it
binding that one should give time to the insolvent to repay. But there are many
people who might have lend out to a person knowing that he is poor, but they
will still demand it back, dealing with him harshly, and complaining to the
authorities, imprisoning him for failing to repay back while knowing that he is
incapable of it, this is also Haraam and transgression.
The
judge, when he comes to know that this person is poor, should reprimand the
lender and to deal with because he is the oppressor as Allaah تعالى commanded him to wait:
{وإن
كان ذو عسرة فنظرة إلى ميسرة}
{And if the debtor is in a
hard time (has no money), then grant him time till it is easy for him to repay}
[Surah al-Baqarah (2): 280]
And
it is not allowed for the lender to say to the poor person: “Give me back my
rights”, while he knows that he is poor.
And
his صلى الله عليه وسلم
saying: “So, if your debt is transferred from
your debtor to a rich debtor, you should agree”; example: Zaid owes
Bakr 100 Riyals and `Umar owes Zaid 100 Riyals. So Zaid says to Bakr: “I am transferring
my debt of 100 Riyals to `Umar and he will repay you back.” Bakr cannot refuse
this because the Prophet صلى الله عليه وسلم
said: “So, if your debt is transferred from your
debtor to a rich debtor, you should agree”; except if the person
whom it is being transferred to is poor, or someone who procrastinates, or some
close relative of the lender from whom he cannot demand nor complain to the
authorities etc. Whatever the situation, the important thing here is, if there
is a preventive factor, then there is no problem in refusing to accept the
transfer of debt, but if there is no preventive factors, then he has to obey
the commands of the Prophet صلى الله عليه وسلم who instructed to accept the transfer, when he صلى الله عليه وسلم said: “you should agree”.
The
scholars have differed: Is it something obligatory or is it something
preferable? The Hanbalee scholars رحمه الله were of the opinion that it is obligatory and that the lender
should agree if his loan is transferred to someone who is capable. But most of
the scholars said that it is something preferred. Whichever opinion one
follows, no doubt it is better that one accepts the transfer of his debt except
when there are preventive factors involved. And Allaah is the One who grants
success.
Jazaakumullaahu khayra for a beneficial blog. Who is behind this blog?
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