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Thursday, August 30, 2012

4b] Repenting from taking a riba-based loan

4b]
This is the goodly loan. As for the loan which brings a benefit or the loan which is intended to bringa payment of interest, thisis haraam according to the consensus of the Muslims. It is haraam according to the Qur’aan and Sunnah and the consensus of the Muslims, and a stern warning is issued to the one who does that. What should bedone is to repay the amount that was borrowed; as for the additional payment whichhas been stipulated and taken from you, this is haraam and is riba. The Prophet (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the two who witness it and the one who writes it down. He (peace and blessings ofAllaah be upon him) also cursed the one who consumes riba and the one who helps him to consume it. So what you have done is haraam and is a major sin, and you have to repent to Allaah. He has to give this interest that he took back to you, because it is not permissible for him. You committed a haraam action by giving him the interest. What you should have done is to refrain from paying interest.
What you have done is blatant riba, so you both have to repent to Allaah and not do any such transaction again. The other person has to returnthe interest that he took. And Allaah knows best.
End quote from al-Muntaqa min Fataawa al-Shaykh al-Fawzaan, 5/210
Remember that the more quickly you get rid of this loan, the better it will be, so that you may rid yourself of riba and its effects.
So it is better for you to hasten to pay it off and touse the money that you were going to use for ‘Umrah to rid yourself of this debt.
We ask Allaah to heal your son and to relieve your distress, and make you independent of means from halaal sources so that you will have no need of anything haraam.
And Allaah knows best.
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4a] Repenting from taking a riba-based loan

4a]
I took out a loan from thebank, due to difficult circumstances, because I wanted to prepare an apartment to get married.Please note that there is nothing luxurious in this flat at all, and it is a very simple flat. I am a teacher and my salary is transferred to the bank and a sum of money will be deducted from it each month for five years, untilthe loan ends. Two and a half years have passed, and I have decided to go to the bank and stop this loan, because I feel that anything that happens is because of this loan. But I found out that the amount that should be paid is more than I can afford. In addition to that,I was intending to do ‘Umrah this year, myself, my wife and my son and daughter. Is it permissiblefor me to travel for Umrah, hoping that Allaahwill heal my sick son and then come back to stop this loan next November in sha Allaah, or what should I do?.
Praise be to Allaah.
It is not permissible to take out riba-based loans,from the bank or elsewhere, even if that is to prepare a house for marriage, because of the definite prohibition on riba and the stern warning against it. Allaah says (interpretation of themeaning):
“O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers.
279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)”
[al-Baqarah 2:278-279]
Muslim (1598) narrated that Jaabir (may Allaah bepleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba, the one who pays it, the one who writes it down and the two who witness it, and he said: “They are all the same.”
Ibn Qudaamah (may Allaah have mercy on him) said: Every loan in which it is stipulated that something extra be paid is haraam, and there is no difference of opinion on this point. Ibn al-Mundhir said: They were unanimously agreed that if the lender stipulates that the borrower must pay extra or give him a gift, and he gives the loanon the basis that he will take an additional payment for that, it is riba.
End quote from al-Mughni, 6/436
What the one who has taken out a riba-based loan has to do is repent toAllaah and regret what hehas done, and he has to resolve firmly not to go back to this great sin and serious crime, concerning which there is narrated a warning such as has not been narrated concerning any other sin. We ask Allaah to keep us safe andsound.
Moreover, according to Islam you are not obliged to pay back any more than the capital; as for theharaam interest, you are not obliged to pay it and it is not permissible for the lender to take it from you, because Allaah says: “but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)”.
But if you fear harm and problems if you do not pay the interest, then pay it, and repent to Allaah and feel dislike towards this great evil.
Shaykh Saalih al-Fawzaan (may Allaah preserve him)was asked: I borrowed one hundred pounds fromone of my friends on the basis that I would pay him back one hundred and fifty. When the time to pay it back came, I tried to give him one hundred only, but he insisted on taking the extra amount of fifty pounds in return for the laon. What is the ruling on this extra amount? If that comes under the heading of riba, is there any sin on me, and how can I rid myself of that, knowing that the money that I borrowed from him has become mixed with my own money. What do I have to do?
He replied: Allaah has forbidden riba and has issued a stern warning against it. Allaah says (interpretation of the meaning):
“Those who eat Riba will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytaan (Satan) leading him to insanity…
O you who believe! Be afraid of Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers.
And if you do not do it, then take a notice of war from Allaah and His Messenger”
[al-Baqarah 2:275, 278-279]
There are many forms andtypes of riba. What you mention in the question isa loan with interest. The kind of loan that is allowed in Islam is al-qardal-hasan (a goodly loan) in which you lend something to your brother so that he may benefit from the loan, then he pays you back without any additional payment being stipulated and without paying less. This is the goodly loan.
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3b] Righteous deeds do notexpiate transgressions against the rights of others

3b]
If he finds him after that, he should tell him what he did; if he accepts that, all well and good, but if he objects and demands his money, then he should give it to him, and the money he gave in charity becomes an act of charity on his own behalf. He alsohas to ask Allaah for forgiveness and repent to Him, and pray for the other person.
Fataawa Islamiyyah, 4/165
And Allaah knows best.
:-* key word:- Virtues of deeds/ - - - :-> Transtors: 1.http://free-translation.imtranslator.net/lowres.asp 2.http://translate.google.com/m?twu=1&hl=en&vi=m&sl=auto&tl=en

3a] Righteous deeds do notexpiate transgressions against the rights of others

3a]
I heard that the Prophet (S) said that if one keeps the fasts of Ramadan withemaan and in order to getreward from Allah, Allah will forgive all his or her past sins. Does this also include the sins one may have knowingly committed against the rights of other Muslim brothers and sisters whichhe or she now deeply regrets doing but cannot admit his or her guilt to the victims as this may create even more problems?.
Praise be to Allaah.
There are many things which expiate for sin, including repentance, seeking forgiveness, doing acts of worship, carrying out hadd punishments on those who have done acts for which such punishments are due, and so on.
But righteous deeds such as prayer, fasting, Hajj etc only expiate for minor sins, according to the majority of scholars, and they only expiate for transgressions against therights of Allaah.
With regard to sins that have to do with the rightsof other people, they can only be expiated by repenting from them. Oneof the conditions of repenting from them is restoring the rights of those who have been wronged.
Muslim (1886) narrated from ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas (may Allaah be pleased with him) that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The martyr will be forgiven for all his sins except debt.”
Al-Nawawi said in Sharh Muslim:
The words of the Prophet (peace and blessings of Allaah be upon him) “except debt” draw attention to all rights owed to other people. Jihad, martyrdom and other righteous deeds do not expiate for transgressions against therights of other people, rather they only expiate for transgressions against the rights of Allaah. End quote.
Ibn Muflih said in al-Furoo’ (6/193):
Martyrdom expiates for everything except debt. Our Shaykh (i.e., Shaykh al-Islam Ibn Taymiyah, may Allaah have mercy onhim) said: and except sins against other people such as murder and oppression. End quote.
It says in al-Mawsoo’ah al-Fiqhiyyah (14/129):
Repentance in the sense of regretting what one has done and resolving not to do it again is not sufficient to waive the rights that are owed to other people. Whoever has stolen another person’s wealth, or seized it by force, or has wronged him in any otherway, will not have finished with the matter by simply regretting it, giving up the sin and resolving not to do it again. Rather he has to restore those rights. This is a principle on which thefuqaha’ are unanimously agreed. End quote.
This has to do with material possessions, suchas wealth that has been taken be force or by deceit. With regard to intangible rights such as in cases of slander and backbiting, if the person who has been wronged knows about it, then it is essential to apologize to him and ask for his forgiveness. If he did not know, then he should not be told; rather the one who wronged him shouldpray for him and pray for forgiveness for him, because telling him may upset him and create enmity and hatred between the two.
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him) said:
According to the saheeh hadeeth: “Whoever has wronged his brother with regard to his blood, his wealth or his honour, let him come and set mattersstraight before there comes a Day on which there will be no dirhams and no dinars, only good deeds and bad deeds, andif he has good deeds (theywill be taken and given tothe one whom he wronged), otherwise some of the bad deeds of the one whom he wronged will be taken and added to his burden, then he will be thrown into the Fire.” This has to do with cases where the one who was wronged was aware of it; but if he was gossiped about or slandered and he does not know, then it was said that one of the conditions of repentance is telling him, or it was said that this is not essential, which is the view of the majority; bothviews were narrated fromAhmad, but his view on such matters is that one should do good deeds for the one who was wronged, such as praying for him, praying for forgiveness for him and doing good deeds to be given to him, to take the place of that backbiting and slander. Al-Hasan al-Basri said: The expiation for gossip is to pray for forgiveness for the person about whom you gossiped. End quote.
Majmoo’ al-Fataawa, 18/189
The scholars of the Standing Committee said, concerning a man who stole money from a slave:
If he knows the slave or he knows someone who knows him, he can tell him to look for him and give him the money in silver or the equivalent, orwhatever he agrees upon with him. If he does not know who he is and he thinks that he will never find him, he should give itor the equivalent in cash money in charity on behalf of its owner. If he finds him after that, he should tell him what he did;
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