lit 8/29/2026 ยท 77 entries ยท 0 followers ยท 1 likes
โ๏ธ Fiqh & LawJurist: Sayyid Ali KhameneiTopic: Presents and GiftsMadhhab / school: Shia Ithna 'AshariyahSection: Practical Laws#fiqh#khamenei#qa
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Is it sharโฤซ to use a present given by a minor orphan?
Answer
It hinges upon the permission of his sharโฤซ guardian.
Two brothers jointly own a plot of land. One of them gave his share by way of gift to his nephew who took possession of it. Is it permissible for the heirs of the gift giver to lay claim to the property, considering it part of the estate of their father?
Answer
If it is proved that the deceased gave his share in the land to his nephew as a gift, and that he handed it over to him, leaving it at his disposal, the inheritors should have no right in it.
Source:leader.ir ยท leader.ir
A person built a house for his father on land that belonged to the latter. With the permission of the father, he built another storey on top of the house for himself. Both the father and the son died. There is neither evidence nor a will that could lead to proving its owner. How could this issue be resolved?
Answer
If the son had paid all expenditure arising from the building of the second storey, which was at his disposal and remained so throughout his lifetime, it should be his and part of his estate after his death according to sharโ. Accordingly, it is transferred to his inheritors.
Source:leader.ir ยท leader.ir
Before his death, my father officially registered some property in my name when I was eleven years old. A plot of land and half of another property were registered in the name of my brother; the other half of the property was registered in the name of my mother. Now, the rest of the heirs are laying a claim to my property, alleging that it is not mine by sharโ, whereas they recognize the ownership of the land and the properties of my brother and mother. My father did not leave a will, nor is there a witness. What is your view?
Answer
During his lifetime, whatever the father had given by way of gift to some inheritors, who took possession of it in a proper manner, so much so that he transferred it into their respective names, that gift is the recipientโs by sharโ. Therefore, the other heirs have no right to claim it for themselves unless it is proved in a reliable way that the father did not grant his son the [disputed] property and that the registration of the official document in his name was not accompanied by any real intention to transfer it to him.
Source:leader.ir ยท leader.ir
During his lifetime, my husband built a house. I contributed to the completion of the building by donating my labor which had resulted in saving on building costs. He told me many times that I was his partner in the property and that he would register a share equivalent to two sixths of the house in my name. Unfortunately, he died before he could conclude the registration. I do not have any written document like a will to substantiate my claim. What should I do?
Answer
Helping in building the house and promising a share in the property does not amount to becoming a partner in the ownership of the property. So unless it is proved beyond doubt that your husband had given you a share during his lifetime, you have no right in the property.
Source:leader.ir ยท leader.ir
While enjoying full mental capacity, my husband called in the bank manager and gave me, by way of gift, all the money in his account. This has been done with his own signature on the papers in the presence of the bank manager to the effect of giving me the right of withdrawal. Accordingly, the bank provided me with a check book which I used to withdraw money from the account. A month and a half later, his son accompanied him to the bank. When he was asked whether the money in the account was his wifeโs, he nodded, "Yes". When he was asked another question as to whether the money was his sonsโ, he nodded, indicating the affirmative. It is worth mentioning, though, that he was not mentally well then. Does the money belong to me or to my stepsons?
Answer
Since taking possession of the thing given by way of gift is a condition to owning it, and the transfer of the money in the bank by way of signature and issuing a check book cannot be regarded as sound, the said grant cannot be deemed sharโฤซ. However, what you have withdrawn of money, while your husband was mentally well, is rightfully yours. Your husbandโs remaining money in the bank should be part of his estate. Therefore, it has been transferred to his inheritors, on his death. Furthermore, his undertaking, while in a diminished mental capacity, is of no consequence.
Source:leader.ir ยท leader.ir
Are the things bought for a mother by her children during her lifetime considered part of the estate after her death?
Answer
If the things, bought by the children for their mother, have been given to her by way of gift and put at her disposal, they are rightfully hers and, therefore, regarded as part of her estate after her death.
Source:leader.ir ยท leader.ir
Are the items of jewelry, bought by a husband for his wife, considered part of his estate after his death so that they can be distributed amongst his heirs, including his wife?
Answer
If the items of jewelry have been at the disposal of the wife, so much so that she does with them as though she were the owner, they are rightfully hers unless it is proved otherwise.
Source:leader.ir ยท leader.ir
Do the presents, given to the husband and his wife during their married life, belong to the wife, the husband, or both of them?
Answer
It depends on the type and nature of the present itself, on whether it is exclusive to men, women, or is for both of them. So, that which is destined for the husband or the wife should be exclusively his/hers. That which is apparently destined for both of them should be jointly owned.
Source:leader.ir ยท leader.ir
In the event of divorce, is it permissible for the wife to take away the things, such as linen, carpets, and clothes, which she brought with her from her parentsโ home?
Answer
Things that the wife brought with her from her parentsโ home, that she bought for herself, or that were given to her as a present are rightfully hers. It is within her right to demand that it be given back to her if they are still available. She has no right, though, to demand from the husband to return to her the things which have been given as gifts to the husband by the family or relatives of the wife. If they exist, the granter of the gifts should decide. That is, it is within the granterโs jurisdiction to revoke the gift transaction and take it back provided that the husband is not a blood relative of the granter.
Source:leader.ir ยท leader.ir
After I divorced my wife, I took away all the jewelry, make-up, and other things which I bought her during our married life. Have I the right to do with them whatever I like?
Answer
If you gave them to your [ex-] wife, by way of loan or gift provided that it is still in its pristine condition, and that she is not among your blood relatives, you can cancel the gift transaction, retrieve the property, and use it. Otherwise, it is not permissible.
Source:leader.ir ยท leader.ir
My father gave me a plot of land by way of gift. The title deed of the land is officially in my name. A year later, he regretted his decision. Is it permissible for me to make use of the land?
Answer
If your father changed his mind and revoked the gift deed after you received the land and occupied it, the land is yours by sharโ. Your father has not right to demand it back. And if he had second thoughts before you took possession of the land, he has the right to rescind the gift. If this is the case, you do not have any right to the land. Registering the land in your name is not sufficient for actually taking hold of the gift which is necessary in a gift deed.
Source:leader.ir ยท leader.ir
I gave a person a plot of land by way of gift. He built a house on part of the land. Is it permissible for me to ask him to give me back what I gave him, or compensate me, or return to me whatโs left unbuilt of the land?
Answer
After the recipient has taken possession of the land with your permission and has practically occupied it by building a house, you have no right of revoking the gift. Nor have you the right to get back the land or the price thereof. And if the house was built on a part of the land, nevertheless due to proportionate area of the land it is considered by common view that he took the whole land, you are not entitled to claim back any part thereof.
Source:leader.ir ยท leader.ir
Is it permissible for a person to give all his property to one of his sons to the exclusion of the others?
Answer
Should this result in creating discord and strife between the offspring, it is not permissible.
Source:leader.ir ยท leader.ir
A person gifted his property to five people in return for something else. The gift deed stipulates that they build a hฬฃusayniyyah to be used for this purpose for ten years after the building has been completed. Should they wish to treat it as endowment after that, they may do so. They built the hฬฃusayniyyah with the help of the public. In the endowment deed, they gave themselves wide-ranging powers, including the appointment of the trustees of the endowment. Is it incumbent on the others to abide by their decision as to the choosing of the person who should take overall charge of the trust? Is there any legal obstacle to non-compliance with the provisions in the endowment deed? And what would the position be if one of the five-member committee goes against endowing the hฬฃusayniyyah?
Answer
They have to abide by the conditions laid down by the benefactor in the gift deed. If they do not follow the conditions he laid down regarding hฬฃabs or endowment, the gift giver or his heirs have the right to rescind the gift. And as far as the conditions they laid down in the endowment deed are concerned, such as the right to appoint the general supervisor, if the five-member body were acting according to the authority vested in them by the gift giver himself, these conditions have to be adhered to and acted upon. Should some members of the committee refuse to declare the hฬฃusayniyyah an endowment, the other members should toe the line provided that according to the gift giver a unanimous vote for rendering it as endowment is necessary.
Source:leader.ir ยท leader.ir
A person gave one third of his house to his wife by way of gift. A year later, he leased the entire property to someone for fifteen years. After a while, he passed away without leaving behind any children. Are both the gift and the lease valid? If the deceased was in debt, is it going to be paid off from the entire property or from the two-thirds and the remainder distributed according to inheritance law? Should the creditors wait until the expiry of the lease?
Answer
If the donor let her take possession of part of the house she owned โ albeit while making use of the entire house โ before leasing it to the third party provided that she was among his blood relatives or the gift was in return for something else, it is valid and, therefore, enforceable as described [i.e. concerning the part of the house]. However, the lease is valid in so far as the remaining part of the property is concerned. Conversely, the lease, coming hard on the heels of the gift, would invalidate the gift. In this case, only the lease deed concluded after the gift is valid. As for the debt of the deceased, it should be settled from the property he owned at the time of his death. What he leased during his lifetime, the lease holder has the right to make use of throughout the period of the lease. While the house itself would be part of his estate that could be used to pay off his debts and the remainder falls to the inheritors, but they cannot use the leased property until the end of the lease.
Source:leader.ir ยท leader.ir
A person directed in his will that all his immovable property should be given to one of his sons provided that the son pays him and the members of his family a certain amount of rice each year in return. A year later the father gave the son the said property by way of gift. Would the provision, regarding the transfer of the property, made in the will remain valid because it preceded the gift and, therefore, enforceable in one third, in which case the remaining two-thirds would be rendered part of the estate, i.e. after the death of the giver? Or could it be the case that it is deemed invalid because it was superseded by the gift? It is noteworthy that the property is now under the control of the son.
Answer
If the gift was given to the person, with the permission of the granter during his lifetime, so much so that the recipient took possession of the gift and went about handling it as though he was the owner, this would have been bound to render the will invalid because it would have been deemed a revocation of the will. That is, the property given to the intended person should have been rightfully his, i.e. the other inheritors have no right in it. Otherwise, the will would remain valid unless it is proved that the testator had changed his mind about it.
Source:leader.ir ยท leader.ir
Is it permissible for an inheritor, who donated his share in the inheritance to his brothers, to claim it back from them after several years? And what is the opinion if they refuse to give in to his demand?
Answer
It is not permissible for him to do that if he has already handed it over to them, and they took possession of it through which the transaction was concluded. However, if this has not been the case, i.e., before any transfer and receipt of the property, he is entitled to revoke the gift.
Source:leader.ir ยท leader.ir
One of my brothers gave me, by way of gift, a part of his share in our inheritance. He retracted his decision before the estate was divided among the inheritors. What is the ruling in the matter?
Answer
If he had changed his mind before you received what he granted of his share in the inheritance, his action should be deemed sharโฤซ. Accordingly, you have no right in his share. However, if he changed his mind after your receiving what he had given you, he cannot revoke his decision, and, therefore, has no right to the gift.
Source:leader.ir ยท leader.ir
A woman gave her land away by way of gift to a person, on the condition that he would perform hajj for her, in the belief that hajj was incumbent on her despite the fact that her relatives didnโt agree with her analysis. Then, she granted the same land to one of her grand children, and passed away a week later. Which of the two donations is valid? And what would the position of the first person, who was granted the land insofar as the performance of hajj is concerned, be?
Answer
If the first person was among the womanโs blood relatives and took possession of the land with her permission, the first gift deed is valid and, therefore, binding. It is incumbent on the person to perform hajj on her behalf. As regards the second gift deed, it is dependent on his agreement. If the first person was not among the womanโs blood relatives or did not take possession of the land, the second gift deed would be considered a revocation of the first one. Therefore, it is deemed valid, rendering the first one invalid. Accordingly, the first person has no right in the land and is, therefore, not required to perform hajj for the woman.
Source:leader.ir ยท leader.ir
Can someone give his right to another one as a gift before he is entitled to such a right? At the time of the marriage contract, a woman forwent all the financial obligations that may become due to her by her husband. Is such a transaction valid?
Answer
There is a problem in, if not an objection to, such a type of grant. There is no harm if this foregoing of the wifeโs future rights is considered as a sฬฃulhฬฃ contract or as a term stipulated in the contract that she would relinquish the rights after being entitled to them. Otherwise, it is of no effect.
Source:leader.ir ยท leader.ir
What is the ruling in the matter of exchanging presents with non-Muslims?
Answer
There is no objection to it in itself.
Source:leader.ir ยท leader.ir
A person gave his grandchild all his property during his lifetime. Does this gift cover all that he left, so much so that one cannot spend of it for his funeral?
Answer
If the grandchild took possession of the property later during the life time of the grandfather with his permission, the gift deed is effective regarding all gifts he took possession of.
Source:leader.ir ยท leader.ir
Are the things given to people who were wounded or maimed in the war, considered as gifts?
Answer
Yes, they are, save that which is paid to them as wages for their work, which is compensation of their work.
Source:leader.ir ยท leader.ir
To whom does the ownership of the presents given to the families of martyrs belong, i.e. to the heirs or their guardian?
Answer
It [the present] belongs to the person it was given to as intended by the giver.
Source:leader.ir ยท leader.ir
Some companies and other quarters, be they national or international give gifts to agents or middlemen when concluding commercial deals of any sort. Since this may make the recipient lean toward favoring the donor, is it permissible to accept and have ownership of such presents?
Answer
It is not permissible for the agent or the middleman in a sale, purchase, or a contract to accept any presents from the other party of the deal.
Source:leader.ir ยท leader.ir
Suppose a company gave a present, in exchange for another one which was presented to them and paid for by public funds. What is the ruling?
Answer
Should the present have been given in return for another one paid for by public money, it should be deposited in the public coffers.
Source:leader.ir ยท leader.ir
Should the present leave an adverse impact on the recipient, especially when security matters are concerned, is it permissible to accept and use it in any way?
Answer
It is not permissible to have such a present. Rather, one must decline to accept it.
Source:leader.ir ยท leader.ir
Should there be any doubt that the present to be given to someone is intended to be used as a carrot to curry favor with them and make them blow trumpets in his praise, is it permissible to take it?
Answer
If the intended publicity is in accordance with the law and sharโ, there is no objection to it and there is no harm in accepting the present in return for making the publicity. Of course, in office environments the related rules should be observed if any.
Source:leader.ir ยท leader.ir
If a present is intended to influence the recipient and make them turn a blind eye to an offence or curry favor with the official to approve of certain practices, is it permissible to take it?
Answer
To say that it is permissible to accept such a present is problematic if not prohibited. Generally speaking, it is not permissible to accept the present, rather it is obligatory to turn it down if it is geared to achieving that which is not sharโฤซ or legal, or to curry favor with the official to make him agree to do that which he is not entitled to. The officials should take necessary steps to stem such a practice.
Source:leader.ir ยท leader.ir
During his lifetime; is it permissible for the paternal grandfather to give all his property, or part thereof, to his sonโs children and his daughter-in-law? Have his daughters the right to object to his decision?
Answer
It is permissible for him, in his lifetime, to grant his sonโs children or daughter-in-law all his property or part thereof. His daughters have no right to object to that.
Source:leader.ir ยท leader.ir
A childless person, who does not have any parentโs brother or sister, wants to give away his property by way of gift to his wife or her relatives. Is it permissible for him to do that? If so, is there a particular amount of his property that he could part with?
Answer
There is no objection to the property ownerโs giving away as a gift either all his property or part thereof during his lifetime to whomever he wished whether or not they are his would be heirs.
Source:leader.ir ยท leader.ir
The establishment looking after the affairs of martyrs gave a grant to the family of a martyr (my son) to meet the expenses of holding a memorial service for him. If I accept it, would this make me sinful or detract from the Allahโs reward to the martyr?
Answer
There is no harm in accepting these grants. It should not detract from reward of the martyr or his family.
Source:leader.ir ยท leader.ir
A hotel staff set up a joint fund to collect all the tips the guests give them. They agreed to distribute the income equally between themselves. However, some senior members of the staff have requested that they be given a bigger share. Naturally, this is bound to create some friction between members of the group. What is your opinion?
Answer
This is a matter for the person who gave the tip. That is, if he gave it to a particular person, it should be that personโs alone. And if the tip was for all members of the staff, it should be divided equally between them.
Source:leader.ir ยท leader.ir
Do the presents, including money given to the children, belong to them or their parents?
Answer
If the father, on behalf of the child, receives it, it is the childโs.
Source:leader.ir ยท leader.ir
A mother, who has two daughters, wants to give her grandchild โ to the exclusion of her second daughter โ a piece of arable land she owns. Has she the right to do that? And has the second daughter the right to demand a share of her motherโs estate after her death?
Answer
If the mother gave away the property to her grandchild in her lifetime so much so that the grandchild took possession of the granted property, it is rightfully his and no one else has the right to object to that. However, if she has instructed in her will that the property be given to her grandchild, after her death, this should be confined to one-third of the estate. Adding the remaining two-thirds to the grandchildโs share is dependent on the consent of the heirs.
Source:leader.ir ยท leader.ir
A person gave part of his land to his nephew on the condition that the recipient marries his two stepdaughters to the donorโs two sons. The recipient refused to honor his undertaking regarding the marriage arrangements of the second stepdaughter. Can the gift still be valid and binding?
Answer
The said gift deed is both valid and binding. However, the condition laid down is invalid because the stepfather has no jurisdiction over the marriage of his stepdaughters. The matter is entirely theirs if they have no father or paternal grandfather. That said, if the condition required the stepfather to do his best to persuade his stepdaughters to agree to the marriage, the condition is valid and, therefore, binding. If the recipient did not uphold the condition, the donor has the right to annul the gift deed.
Source:leader.ir ยท leader.ir
I transferred the ownership of my residential flat to my younger daughter. After I divorced her mother, I reconsidered the matter and transferred the same property to my son from a second marriage before my daughter attained the age of eighteen years. What is the ruling in this matter?
Answer
If you had given away the property to your daughter, and took possession of it on her behalf as her guardian, the gift is valid, binding, and irrevocable. Yet, if the gift deed was not really concluded, but was merely the change of the name in the title deed of the property to that of your daughterโs, this is not sufficient to conclude the gift deed and transfer the ownership to her. Indeed, the property is yours and you can do with it whatever you like.
Source:leader.ir ยท leader.ir
When I was very ill, I distributed my property among my offspring and put everything in writing. However, after I had recovered, I demanded that they return to me some of the property I gave them. They declined. What is the ruling in this matter?
Answer
Writing a document is not a sufficient proof of ownership of the property by your sons and daughters. That said, if you had given them the property and they took possession of and control over it, it is rightfully theirs; you have no right to demand it back. But, if there was no gift involved at the outset, or they had not yet taken possession of it, the property should remain in your ownership and at your disposal.
Source:leader.ir ยท leader.ir
A person donated all his possessions inside his house to his wife. Among them was a book he wrote. Has the wife the copyright of the book or should it be the common ownership of all the inheritors?
Answer
The copyright of the book belongs to the person who owns it. So, if the author, during his lifetime, gave the book to someone or directed in his will that it would be his and the intended person took possession of the book, all rights concerning the book belong to him.
Source:leader.ir ยท leader.ir
From time to time, some government departments give their employees gifts. Since the source of funding for these gifts is not known, is it permissible for the employees to accept them and eventually have the right to use them?
Answer
There is no objection to giving gifts that have been funded by public money provided that the official who is giving these gifts is authorized to do so. And if the recipient thinks it is possible to a considerable extent that the donor has such authority, there is no harm in accepting the gift from them.
Source:leader.ir ยท leader.ir
For the gift deed to be valid, is taking possession of it sufficient, or does it have to be registered in the name of the intended person, especially in things like land and property?
Answer
What is really meant by the โtaking possession of itโ is not putting the matter on paper and signing. Rather, it is the actual handing over of the thing, so that the recipient can have full control over the property which is sufficient for the gift deed to be concluded and for the realization of ownership, irrespective of its nature.
Source:leader.ir ยท leader.ir
On the occasion of marriage, birthday, etc., a person gave his friend some presents. Several years later, he changed his mind and asked the recipient to return it. Has he the right to do so? And can someone, who donated some money to be used in holding commemoration/celebration assemblies for the Imamsโ anniversaries, demand it back?
Answer
So long as the very present is available in its state, it is permissible for the donor to ask for it to be returned to them. That is unless the recipient is a blood relative of the giver or the gift is compensated for as in a deed of reciprocal present. However, after the gift has been either disposed of or changed in any way from its condition at the time of deed, the donor has no right to demand it back. Nor has he the right to get compensation for it. Also, the money one pays for the sake of Allah and to get nearer to Him, he has no right to get it back.
Source:leader.ir ยท leader.ir
A friend of mine, who owns a factory, borrowed from me a sum of money. After a while, he returned the money with an extra amount which he paid of his own free will. It is worth mentioning, though, that we did not sign an agreement to the effect that he should give me that extra money. For my part, I didnโt expect him to give me extra. Is it sharโฤซ to take that additional amount of money?
Answer
If, after the owner had sanctioned the very sale, he sanctioned the receipt of the money as well, the person who concluded the deal should pay the price plus inflation to the original owner. If the owner had rejected the sale, the seller should try his best to return the same property to its owner if possible. Otherwise, he should compensate the owner whether with a similar property or with its value. As based on caution, however, he must reach a settlement with the owner about the difference between the price at the time of payment and the price at the time of transaction.
Source:leader.ir ยท leader.ir
A person who borrowed a certain amount of money refused to pay it back. The lender took him to court to recover the debt. The court ruled in favor of the lender. Accordingly, the borrower had to pay back the debt; he also paid a tax for law enforcement. Is the lender responsible for that according to sharโ?
Answer
If the procrastinating debtor has to pay the tax of law enforcement, the creditor is liable to nothing in this regard.
Source:leader.ir ยท leader.ir
I gave my brother a loan. On moving to a new house, he gave me a carpet which I, in retrospect, mistook for a present. When I demanded the money back, he claimed that he had given me the carpet in settlement of the debt. Is he justified in his action, despite the fact that he didnโt inform me of his intention at the time? If I donโt agree with him, should I return the carpet to him? And due to a decline in purchasing power of the currency, can I ask him to pay me back the debt plus an additional amount to make up the difference in the purchasing power of the currency?
Answer
For settling the loan, it is not sufficient to give a carpet or other things which are not of the same kind as the loan. As long as you do not consent to have the carpet in return for the loan, you should return it to him, as it still belongs to him. As to the decrease in purchasing power, you may demand compensation for it plus the original loan.
Source:leader.ir ยท leader.ir
What is the view on paying off a debt with ill-gotten money?
Answer
The debt is not considered settled by paying it off with other peopleโs money. Accordingly, the debtor remains indebted.
Source:leader.ir ยท leader.ir
A woman borrowed a sum of money equivalent to one-third of the value of the house she bought. Both the parties, lender and borrower, agreed that the borrower should return the money when she could afford it. However, the womanโs son gave the lender a check for the amount of the debt as surety. In the past four years, both parties died. Their respective heirs want to settle the matter. How should they go about it? Is it by way of relinquishing possession of one-third of the property to the lenderโs inheritors or would the amount written in the check do?
Answer
The lenderโs heirs have no right to the property. They are entitled to get the amount of the debt (considering compensation for the decrease in purchasing power of the money) from the borrowerโs heirs if she has left sufficient money to settle it.
Source:leader.ir ยท leader.ir
We borrowed a sum of money from a person. After some time, he disappeared so that we no longer know his whereabouts. What can we do?
Answer
You have to wait and enquire [to try to locate him] to pay him or his heirs the money they owe. If it is beyond hope to find them, you can approach the authorized religious authority or give it as alms on behalf of the owner.
Source:leader.ir ยท leader.ir
Is it permissible to ask the debtor to pay the expenses of the law suit to prove the case and to recover the debt?
Answer
According to the law of Islam, the debtor is not required to compensate the expenses borne by the creditor.
Source:leader.ir ยท leader.ir
Should the debtor spare no effort to pay back the debt owed to other people, is it permissible for the creditors to recover the debt from his property, e.g., in secret?
Answer
If the debtor denies the debt owed or avoids payment without any excuse, the lender has the right to recover his debt from the debtorโs property. However, if he does not know that he owes or doubts that; it is problematic โ or rather impermissible โ for the lender to recover his debt from the debtorโs property.
Source:leader.ir ยท leader.ir
Is the debt of the deceased considered among the right of people so that his heirs have to pay it from the deceasedโs estate?
Answer
Irrespective of whom he owes to, i.e., be it to a real or legal entity, their rights have to be upheld. Therefore, it is obligatory on the heirs to pay the creditors or their heirs the debt from the deceasedโs estate. Furthermore, they have no right to make use of the estate before they have settled the outstanding debts the deceased owed to other people.
Source:leader.ir ยท leader.ir
Someone is owed a sum of money. He owns a plot of land. The building on the land is not his. Is it permissible for the creditors to seize both the land and the property to recover their debt?
Answer
They have no right to seize any property which does not belong to the debtor.
Source:leader.ir ยท leader.ir
Suppose a person is in debt. Is the property he and his family live in excluded from seizure to pay the debt?
Answer
All that which the debtor needs โ according to his status โ in his day-to-day life, such as a house, furniture, car, and telephone, remain out of bounds insofar as paying the debt off.
Source:leader.ir ยท leader.ir
A businessman became bankrupt. All what is left for him is a building that he put in the market for sale. The proceeds from the sale of the building would not be sufficient to pay off half of the total debt. Is it permissible for the creditors to force him to sell the property, or should they wait for him to settle his debts gradually?
Answer
If the debtor and members of his family do not take the building as a residence, there is no objection to forcing him to sell it to pay off his debt, even though the proceeds would not be sufficient to settle the debt. For this part of the debt, it is not obligatory on the creditors to give him a period of grace. Nevertheless, they should wait for him to pay them back when he can afford it as far as the rest of the debt is concerned.
Source:leader.ir ยท leader.ir
Is it obligatory on one government department to pay the debt it owes to another?
Answer
Such a debt has the same ruling as any other debt insofar as its settlement is concerned.
Source:leader.ir ยท leader.ir
If a person pays off the debt of another person without telling them, is it incumbent on the debtor to compensate the person who paid off their debt?
Answer
The person, who paid off the debt of the other person, without telling him, has no right to demand compensation from the debtor. For his part, the debtor does not have to pay compensation in return for settling the debt.
Source:leader.ir ยท leader.ir
Should the borrower postpone the payment of a loan, is it permissible for the lender to ask him to pay an extra amount over and above the amount of the loan?
Answer
He can demand the loan plus compensation for decrease in purchasing power of the money.
Source:leader.ir ยท leader.ir
In a bogus transaction, my father gave a person a sum of money. In reality it was a loan. Every month, the borrower used to pay a sum of money, ostensibly, in the form of profits. After the death of my father, the borrower continued paying the money regularly until his death. Should such money be deemed ribฤ and, therefore, refunded to the borrowerโs heirs from the estate of the lender, i.e., my father?
Answer
Assuming that the money he received was a loan, if the amount paid as profit was not more than inflation, it is no problem. Otherwise, the amount, which is more than inflation, is considered as ribฤ which is hฬฃarฤm in Islam. They should pay the surplus plus its inflation to the debtor or his heirs from the creditorโs estate.
Source:leader.ir ยท leader.ir
Is it permissible for any person to deposit funds with others and charge monthly interest?
Answer
If the deposited money was with the intention of investment in accordance with a sharโฤซ contract, there is no harm in that, nor is there any objection to receiving the profit as a result of the investment. However, should it be intended as a loan, the loan deed is correct in principle. Yet, the stipulation of earning ribฤ is invalid. Accordingly, any interest thus earned amounts to ribฤ which is hฬฃarฤm.
Source:leader.ir ยท leader.ir
Someone borrowed a sum of money to set up a business. If the business proved a success and made profits, is it permissible for the borrower to give the lender a share of the profits? And is it permissible for the lender to demand from the borrower a share of the profits?
Answer
The lender has no right in the profits generated by the business. Nor has he any right in demanding from the borrower any share of these profits. However, if the borrower decides, of his free will, i.e. without any prior agreement with the lender, to pay him some money over and above the amount of the debt as a favor, there is no objection to that, rather, it is mustahฬฃabb.
Source:leader.ir ยท leader.ir
A person bought merchandise from another. They agreed that the buyer should pay for the goods in three monthsโ time. However, the buyer could not pay the debt on time. Both the parties agreed that the debtor should be given another three months to come up with the money provided that an additional amount is paid on top of the original debt. Is this transaction sharโฤซ?
Answer
Such an increase is deemed ribฤ which is hฬฃarฤm.
Source:leader.ir ยท leader.ir
Ali takes a ribฤ-bearing loan from Muhammad. A third person writes down the deed and its terms. A fourth one keeps the accounts. Is the accountant considered as the accessory to the fulfillment of the ribฤ-bearing loan so that his job and the compensation he gets for it are hฬฃarฤm as well? Also, there is a fifth person, the auditor, to check the account book to see whether there has been a mistake in the ribฤ-bearing transaction to inform the accountant without writing down anything or transferring anything to the account book.
Answer
The work that contributes, in any way, to a ribฤ-bearing loan, such as finalizing the transaction, collecting the ribฤ from the borrower, is hฬฃarฤm; and the worker is not entitled to a wage for such work.
Source:leader.ir ยท leader.ir
Because of lack of funds, the majority of Muslims find themselves forced to borrow money from non-Muslims and pay it back with interest. Is this sharโฤซ?
Answer
The ribฤ-bearing loan is absolutely hฬฃarฤm even if it is procured from a non-Muslim. However, the loan deed is correct in principle.
Source:leader.ir ยท leader.ir
Someone borrowed a sum of money for a year on the condition that he meets the expenses arising from the lenderโs travel, e.g., for performing hajj. Is this transaction valid?
Answer
To stipulate a condition in the contract to bear the expenses arising from the travel of the lender or the like is the very stipulation of ribฤ in the loan deed. Therefore, it is both hฬฃarฤm and invalid. However, the loan deed is correct in principle.
Source:leader.ir ยท leader.ir
When giving loans, ribฤ-free loan institutions make the condition that if the borrower falls behind with his repayments for two or more installments, the lender has the right to demand the settlement of the remaining debt at one go. Is it permissible to lend money stipulating such a term?
Source:leader.ir ยท leader.ir
A cooperative society is set up with joint capital from its members. The society provides ribฤ-free loans to its members. The objective of the society is to help the individuals. What is the view on the work carried out by its members in order to help and to maintain ties of kinship among the blood relatives?
Answer
There is no doubt that it is both permissible and commendable to work jointly towards providing loans for the believers along the lines described in the question. However, if the money was provided by the member as a share in the capital of the company on the condition of giving the member a loan in the future, this is not permissible, even though the loan deed is correct in principle [so that the borrower owns the money and owes it is to the lender].
Source:leader.ir ยท leader.ir
Some ribฤ-free loan institutions deal in real estate. Since some depositors do not agree to their money being used for this purpose, is it permissible for such institutions to take possession of the deposited money? And are such dealings sharโฤซ?
Answer
If the money was deposited in trust with these lending institutions to lend it to others, using it to buy real estate and other things is considered as fudฬฃลซlฤซ* should be dependent on the ownersโ approval. But if the money was lent to the institution, there is no objection to its officials buying real estate and other things according to their responsibilities. * of a contract, e.g., a purchase or a marriage, concluded on behalf of somebody without their permission.
Source:leader.ir ยท leader.ir
Some people borrow an amount of money from others and give them an amount monthly as profit without this being based on any Islamic contract. It is done on the basis of mutual agreement. What is the ruling in this regard?
Answer
Such transactions are considered ribฤ-bearing loans. The condition to get ribฤ is invalid. The increase is regarded as ribฤ and is, therefore, hฬฃarฤm and not permissible to be taken.
Source:leader.ir ยท leader.ir
A borrower paid off the loan he had taken from a ribฤ-free loan institution. He paid an extra amount to the institution of his own accord. Is it permissible for the officials of the institution to take possession of the money and use it in building work?
Answer
If, on paying back the loan, the borrower paid the amount of his own free will as a mustahฬฃabb action when settling a debt, there is no harm in taking it. As for spending it in building work and the like, it should be left to the officials to deal with according to their responsibilities.
Source:leader.ir ยท leader.ir
The administrative committee of a ribฤ-free loan institution bought property with money borrowed from a person. A month later, the institution paid back the loan with money deposited in its trust by other people without their permission. Is this transaction sharโฤซ? And to whom should the ownership of the property belong?
Answer
There is no harm in purchasing the property with the money lent to the institution if the members of its administrative committee were going about their business according to their brief. Thus, the purchased property should be in the ownership of the institution and its shareholders. Yet, they must return the money they used without the consent of their owners plus its inflation.
Source:leader.ir ยท leader.ir
What is the ruling in the matter of paying a fee when taking a loan from the bank?
Answer
If, at the time of taking the loan, the payment made by the borrower to the bank is considered a fee in return for the administrative work like to write it in the book, documentation, and other expenses of the bank such as water and electricity bills and does not amount to ribฤ on it, then there is no harm in paying the fee. Nor is there any harm in receiving and giving such a fee and taking the loan.
Source:leader.ir ยท leader.ir
A fund gives out loans on the condition that the member deposits a certain amount of money in the fund where it has to be left for three to six months. At the end of this period, the member can take a loan up to double the amount he deposited. After the member pays off the debt, his money is returned to him. What is your view?
Answer
If depositing the money in the fund was under the title of loan for a particular period, on the condition that the fund grants him the loan, or lending him some money was made conditional on his depositing a certain amount of money with the fund, this condition amounts to ribฤ and is, therefore, hฬฃarฤm and invalid. However, the very loan deed is valid for both parties.
Source:leader.ir ยท leader.ir
As part of their lending policy, ribฤ-free loan funds require potential loan borrowers to be members in the fund, i.e., to having savings accounts with it and deposit a certain amount in it, and to be resident of the area where the fund is located. Do these conditions amount to involvement in ribฤ?
Answer
There is no harm in making the condition of membership or residence in the area, and others which confine the granting of loans to certain people. There is also no harm in opening a savings account with the fund if the aim was to restrict granting the loan to certain people. However, if this condition was an attempt to link granting the person a loan, sometime in the future, with his depositing an amount of money with the fund, the condition amounts to demanding a return on the loan, in which case it is invalid.
Source:leader.ir ยท leader.ir
Is there a way out of ribฤ in banking transactions?
Answer
The solution lies in adopting Islamic contracts whereby all the conditions have to be upheld.
Source:leader.ir ยท leader.ir
Is it permissible to spend a loan that was procured for a particular purpose in other avenues?
Answer
If what the bank gives the individuals is really a loan and stipulates that it should be spent for certain issues, it is not permissible to violate the stipulation. Also, if one receives some money form the bank as silent partner to be invested in a certain project, he cannot use the money in another project.
Source:leader.ir ยท leader.ir
An ex-serviceman, who is now disabled, approached the bank with a view to obtaining a loan. Since such people enjoy certain privileges commensurate with the degree of their disability, in that the greater the disability the greater the concessions and privileges, the person in question wants to utilize this. Although they do not agree with the degree of disability, which was determined by people in the medical profession, can the disabled people use the certificate in enjoying the concessions and privileges?
Answer
Should the degree of disability have been determined by specialist doctors in accordance with their diagnosis, and according to the law this is the yardstick for the bank in granting the facilities, there is no objection to making use of the certificate outlining the degree of disability, which was determined by the doctors, although in the personโs opinion his disability is less than what they think.
Source:leader.ir ยท leader.ir
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