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Statement on Giving Respite to the Insolvent Person
Author : The General Iftaa` Department
Date Added : 03-07-2023

Statement on Giving Respite to the Insolvent Person

 

All perfect praise be to Allah, The Lord of The Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

In the difficult circumstances that the world is experiencing, the conditions of those who live on a subsistence level are tightening as well as those who get their livelihood day by day. If their work is disrupted, they will not find what they can live on. However, the words of our Lord, the Most High, apply to them: " (Charity is) for those in need, who, in God’s cause are restricted (from travel), and cannot move about in the land, seeking (For trade or work): the ignorant man thinks, because of their modesty, that they are free from want. Thou shalt know them by their (Unfailing) mark: They beg not importunately from all the sundry. And whatever of good ye give, be assured God knoweth it well." {Al-Baqarah, 273}. Therefore, it has become imperative upon every affluent person to check on the weak and poor individuals whom he knows and help alleviate their burdens and ensure them a minimum level of decent living. This is both a religious and social responsibility on the wealthy and affluent members of society towards their brothers for it raises the spirit of cooperation, love and solidarity between them. The Messenger of Allah (PBUH) said, "The believers in their mutual kindness, compassion and sympathy are just like one body. When one of the limbs suffers, the whole body responds to it with wakefulness and fever." {Transmitted by Muslim}. He (PBUH) also said: "A believer is like a brick for another believer, the one supporting the other." {Transmitted by Muslim}. Moreover, this is what the Messenger of Allah loves where he (PBUH) said: "When the Ash'ariyun run short of food in the Jihad or when they are at home in Al-Madinah, they collect all the provisions they have in a sheet and then divide it equally among themselves. They are of me and I am of them." [Al-Bukhari and Muslim].

 

Helping and forgiving others as well as waiving some of the rights due on them, or postponing their collection or some of them, out of solidarity considering their difficult situation, is a sign of the mercy inherent in the heart. The Messenger of Allah (PBUH) promised these merciful people to be shown the mercy of Allah, where he said: "The merciful will be shown mercy by the Most Merciful. Be merciful to those on the earth, and the One in the heavens will have mercy unto you." {Transmitted by Tirmidhi}. This is because when a believer forgives or fulfills the needs of the person who is going through difficult circumstances, Allah  the Almighty treats him in the same way, because of his mercy towards the servants of Allah, for rewards depend on the kind of deed.

The Messenger of Allah (PBUH) has warned against harshness and cruelty of the heart and not helping others although one is able to. He (PBUH) said, "He who is not merciful to others, will not be treated mercifully." { Al-Bukhari and Muslim}. He (PBUH) added: "Mercy is not removed (from anyone) except from a wicked one." {Transmitted by Tirmithi}.

 

Not only commanded giving respite to the insolvent person, but Allah the Almighty has also encouraged remitting the debt by way of charity where He said {what means}: " If the debtor is in a difficulty, grant him time Till it is easy for him to repay. But if ye remit it by way of charity, that is best for you if ye only knew." {Al-Baqarah, 280}. This is also celebrated in the Sunnah. Abu Hurairah (May Allah be pleased with him) reported: The Messenger of Allah (PBUH) said, "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 Allah may forbear our faults.' So when he met Allah (i.e., when he died), Allah forgave him."[Al-Bukhari and Muslim].

 

In conclusion, we call on all Muslims to show mercy and forgiveness to each other, make reconciliation, fulfill the needs of fellow Muslims, give respite to the insolvent person and even remit the debt by way of charity, if possible. And to Allah belongs every success.

 

 

 

 

 

 

 

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Summarized Fatawaa

Is the Saying "Whatever is Taken by the Sword of Shyness is Forbidden" an Authentic Ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The saying "Whatever is taken by the sword of shyness is forbidden" is not an authentic ḥadīth, though its underlying meaning is sound. The established sharʿī principle is that a Muslim's wealth is not lawful for anyone to take except with his wholehearted consent, as Allah the Almighty says {what means}: "O you who have believed, do not consume one another's wealth unjustly, but only [in lawful] business by mutual consent." [Al-Nisā/ 29] And the Messenger of Allah ﷺ said: "Listen to me and you will live well: do not wrong others, do not wrong others, do not wrong others. Indeed, a man's wealth is not lawful except with his full, willing consent." (Reported by Aḥmad in his Musnad.) Whatever is taken through the pressure of shyness or social embarrassment runs directly counter to genuine, wholehearted consent.
The jurists have explicitly stated that whatever is taken by means of the "sword of shyness" carries the same ruling as that which is taken by coercion — it must be returned to its rightful owner.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states in al-Fatāwā al-Kubrā (Vol.3/P.30): "Do you not see the reported scholarly consensus that whoever has something taken from him purely out of shyness, without his genuine consent, does not pass ownership of it to the one who took it? They reasoned that this constitutes a form of coercion through the 'sword of shyness,' comparable to coercion at the point of an actual sword. Indeed, many people would rather submit to the literal sword and endure the pain of its wound than submit to this first kind of coercion, out of fear for their dignity and standing — which people of sound judgment hold dear and guard most fiercely." And Allah the Almighty knows best.

Is it permissible to appoint a proxy for the sacrificial offering outside Jordan?

In the name of Allah; all praise is due to Allah, and peace and blessings be upon the Messenger of Allah.
 
It is permissible to appoint a proxy—whether an individual or a charitable organization—to perform the sacrificial slaughter (Udhiyah) on one’s behalf, even if it is carried out in a country other than that of the donor. This is conditional upon the proxy’s adherence to the established requirements of the Udhiyah, including the animal’s age, its freedom from physical defects, the designated timing of the slaughter, and the proper distribution of the meat.
However, it is preferable for the one offering the sacrifice to perform the slaughter personally, in order to attain the full reward and blessings of the act. And Allah (Exalted be He) knows best.

What is the wisdom behind the legislation of fasting?

Fasting is a divine school from which the believer learns much and trains in virtues that may be needed in life. Among these virtues is patience, as it is the month of patience. Fasting also teaches honesty and consciousness of Allah in both private and public, for there is no observer over the fasting person in abstaining from lawful pleasures except Allah alone.
Fasting strengthens willpower, sharpens determination, and nurtures mercy and compassion among the servants of Allah. It is a struggle against the self, a restraint of desires, a purification of the soul, and a cultivation of goodness.
The Prophetﷺ said: "Allah, the Almighty, said: ‘Every deed of the son of Adam is for him, except for fasting; it is for Me, and I shall reward for it. Fasting is a shield. So when one of you is fasting on a day, let him not engage in obscene speech or raise his voice in anger. If someone insults him or fights him, let him say: I am a fasting person. By Him in whose hand is the soul of Muhammad, the breath of the fasting person is more pleasant to Allah than the fragrance of musk.’" [Bukhari and Muslim]
 

What is the ruling on swearing an oath by the Prophet ﷺ, and does such an oath take effect according to Imām Aḥmad ibn Ḥanbal, requiring expiation upon its breach?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
Swearing an oath by a created being is disliked (makrūh) in our Shāfiʿī school. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Swearing by a created being is disliked — such as swearing by the Prophet, the Kaʿbah, Jibrīl, the Companions, or the Prophet's family. Al-Shāfiʿī, may Allah have mercy upon him, said: 'I fear that swearing by other than Allah the Almighty may constitute an act of disobedience.' The scholars of the school explained this to mean: that is, something forbidden and sinful — indicating that he had some hesitation in the matter. Al-Imām stated: the established position of the school is that it is categorically not forbidden, but rather disliked. Furthermore, whoever swears by a created being, his oath does not take effect and no expiation (kaffārah) is required if he breaks it." [Rawḍat al-Ṭālibīn wa ʿUmdat al-Muftīn, Vol. 11/P.6]
According to the Ḥanbalī school, however, expiation becomes obligatory upon one who swears by our master the Prophet ﷺ and then breaks his oath. Imām al-Bahūtī al-Ḥanbalī, may Allah have mercy upon him, states: "No expiation is required for swearing by other than Allah the Almighty, even if the oath is broken — because expiation was made obligatory for swearing by Allah and His attributes, out of reverence for His names, and nothing else is equal to Him in this regard... except in the case of swearing by our Prophet Muḥammad ﷺ, for expiation becomes obligatory when one swears by him and then breaks the oath. This was explicitly stated in the narration of Abū Ṭālib, because he is one of the two conditions of the two testimonies of faith by which a disbeliever becomes a Muslim. Ibn ʿAqīl held the view that swearing by any of the other prophets, peace and blessings be upon them all, carries the same ruling." [Sharḥ Muntahā al-Irādāt, Vol. 3/P.441]. And Allah the Almighty knows best.

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