Etiquettes related to debtand loaning - I

Many social problems result from loans because many people overlook
the etiquettes which Islam legislated for the debtor and the creditor,
and should the debtors and the creditors adhere to such etiquettes,
then many problems would be solved.
Some of these etiquettes regarding the creditor are to delay the
debtor who is unable to pay on due time and to drop the debt from the
needy. On the other hand, the debtor should rush and repay the loan as
soon as he is able to and not to procrastinate repayment. In part one
of this article we will address what is related to the creditor, while
part two will concentrate on matters pertaining to the debtor.
The Creditor:
· Giving respite to the debtor: When the time of repayment is
due, then the one who was kind to his brother and loaned him some
money should remember the Saying of Allaah )which means(:"And if
someone is in hardship, then ]let there be[ postponement until ]a time
of[ ease. But if you give ]from your right as[ charity, then it is
better for you, if you only knew."]Quran 2: 280[.
In this verse, Allaah enjoins patience and tolerance for the one who
is poor and cannot repay on time and that the creditor should postpone
the deadline. This command came to change the old practice during
pre-Islamic era were the creditor used to say to the debtor: "Either
you pay or I start calculating interest on the loan". Also, the verse
comes directly after the verses addressing the issue of Riba )i.e.
interest and usury( in which Allaah Says )what means(:"O you who have
believed, fear Allaah and give up what remains ]due to you[ of Riba
)i.e. interest and interest(, if you should be believers. And if you
do not, then be informed of a war ]against you[ from Allaah and His
Messenger. But if you repent, you may have your principal-]thus[ you
do no wrong, nor are you wronged."]Quran 2: 278-279[. Allaah did not
specify the type of war He would wage against those who deal with
Riba; whether it is in the form of afflicting them with diseases,
making them suffer famine and poverty or a military war.
Jaabirreported that the Messenger of Allaahsaid:"May Allaah show mercy
to a man who adopts a kind attitude when he sells, buys and demands
for the repayment of loans."]Al-Bukhaari[ This person deserved the
mercy of Allaah because he dealt with people kindly and postponed the
one who could not repay him and whenever asked for his money, he
demanded it gently with kind words as not to hurt the feelings of the
debtor.
These prophetic narrations deeply affected the companionsand they
acted upon them. 'Abdullaah Ibn Abu Qataadahreported: "My father )i.e.
Abu Qataadah( went to a man who was indebted to him, so the debtor hid
from him. Later, Abu Qataadah saw the debtor and requested his money
but the later informed him that he could not repay him because he did
not possess the money and that his financial situation was very tight.
Upon hearing this, Abu Qataadah, asked the man saying; `Are you really
in a tight situation? ` The man responded with the affirmative.
Thereupon my father said: I heard the Messenger of Allaahsaying:"He
who likes Allaah to deliver him from the calamities of the Day of
Resurrection, let him either give respite to a debtor or grant him
remission )of loans( in straitened circumstances." Then he
cried"]Muslim[
In another narration, hesaid:"He who gives respite to someone who is
in straitened circumstances, or grants him remission, Allaah will
shelter him in the shade of His Throne, on the Day of Resurrection,
when there will be no shade except His shade."]At-Tirmithi[
Abu Qataadahwas not the only one who behaved in such a manner. Rather,
this was the way the entire community of the companionsdealt with each
other.
Many of the companions delayed the debtors who could not pay on time
for long periods, and in many cases they even dropped and waived the
entire debt altogether.
This was so because they lived the prophetic narrations practically in
their lives. Some of them used to lend others just to get the reward
mentioned in some narrations like the saying of the Messenger of
Allaah:"Any Muslim who lends another Muslim twice will get a reward as
if he has spent this money in charity."Another narration that was an
encouraging factor is the saying of the Messenger of Allaah:"He who
gives respite to someone who is in straitened circumstances, will get
a reward as if he has spent this amount in charity for every day he
delays him until its due date, and after it becomes due he will get
double such reward."
Giving respite and delaying those in tough situations can be the
reason of rescuing oneself from Hell. Abu Hurayrahreported that the
Messenger of Allaahsaid:"There was a person who used to loan money to
the people and he used to say to his servant: `When an insolvent
person comes to you, show him leniency so that Allaah may forbear our
faults. ` So when he met Allaah )i.e., when he died(, Allaah forgave
him."]Al-Bukhaari & Muslim[
Abu Mas`ood Al-Badrireported that the Messenger of Allaahsaid:"A
person from amongst the people who lived before you was called to
account by Allaah on the Day of Resurrection. No good deeds were found
in his credit except that he, being a rich man, had )financial(
dealings with people and had commanded his servants to show leniency
to those who were in straitened circumstances. Upon this, Allaah, the
Exalted and Majestic Said: `I am more entitled to this attribute, so
waive )his faults(.`"]Muslim[
The abovementioned verses and narrations are a great encouragement for
the creditor to postpone and give respite to the debtors who can not
repay on time due to their strenuous situations. They are messages to
the rich who lend others and embarrass them and humiliate them, and
may even be the cause for their imprisonment. Indeed, the creditor has
the right to do so, but Allaah Says )what means(:"… but whoever
pardons and makes reconciliation, then his reward is ]due[ from Allaah
…"]Quran 42: 40[.
Undoubtedly, the reward from Allaah is far better than money which is
an interim pleasure.