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Lesson 75
Finance (2)
· Lending something for use is lawful
for anything permissible, and is to be returned on request or on the agreed
date. The borrower should secure its return. He can lend it to a third party
with the consent of the lender, but he has no right to rent it. The lender has
the right to stipulate to have a warranty in case of its loss or damage, but if
he did not stipulate that, then he is recommended to be given compensation.[4]
·
Giving gifts is permissible and
recommended from a mature owner on condition of consent and acceptance. To
return a gift is prohibited. It is offensive that the gift be given to gain a
greater benefit. Justice in giving gifts is recommended, for example, if it is
for sons and daughters.
· Donations during one’s life (`Umra):
This is where the Muslim owner allows his fellowman to utilize his properties,
that is, house or land, either throughout his life span and then it returns to
the owner, or to his successors after him so it becomes an irredeemable gift.
· A donation promised by a Muslim to
be given to another Muslim after the death of the former (Ruqba): It is to be
executed, yet it is offensive.
·
Establishing an endowment (Waqf): It
is to devote wealth for certain utility or interest, so it is not inherited,
given as a gift, or sold. It is a recommended kind of dealing if the owner of
Waqf is sane and the endowed property is lawful and for a permissible purpose.[5]
· Lost and found: Should a Muslim find
money or an article, he has to make an announcement through appropriate means.
If the owner did not appear, the article found belongs to him, unless it is
something found in the Holy Mosque.
·
Wrongly taken property: This refers
to other's property that has been seized by force. It is prohibited and the
usurper should return it together with any benefits gained from it and to remove
any additional buildings or plantations, and compensate for any damages or
defects.[6]
· Suspension of children and the
insane from dealings: It is lawful to ban someone to manage his property due to
prodigality, insanity, or bankruptcy. This includes: the minor who has not yet
reached puberty, so his decisions must have the consent of his parents or
guardians until he becomes mature, the prodigal mature person, the insane until
he recovers, the patient who has a severe disabling and chronic disease, and the
bankrupt person whose debts exceed the value of all his property. Ths, the
creditors have the right to interdict on his properties by selling them, leaving
enough for his needs of food, drink and clothing. Then the sum is divided among
the creditors, unless the debt of any of them is something concrete in which
case it can be restored.
· Suspension is postponed in case of the insolvent bankrupt who owns nothing.
Evidence from Qur'an and Sunnah
Lending something for use:
Allah says:
]وَيَمْنَعُونَ
الْمَاعُونَ[
(الماعون: 7)
This
means: “And refuse Al-Ma'un (small kindnesses e.g. salt, sugar, water,
etc.).”
(107, Al-Ma`un: 7)
Safwan Ibn Umayyah (may
Allah be pleased with him) narrated:
Jabir Ibn `Abdullah
(may Allah be pleased with him) narrated:
Conditions of lending
something for use:
The Prophet (peace be
upon him) said:
“Muslims are on
(i.e. stick to)
their conditions.”
(Reported
by Al-Bukhari)
Having
warranty in case of its damage or loss:
The Prophet (peace be
upon him) said:
“The
hand which takes is responsible till it pays.”
(Reported by At-Tirmidhi)
Abu Hurayrah (may Allah be pleased with him)
narrated:
The Prophet (peace be
upon him) said:
“That
who likes to be granted more provision, and his life be prolonged, let him
tie his kith and kin.
(Reported by Al-Bukhari
and Muslim)
He (peace be upon him)
also said:
“That
who gifts somebody a thing and gets it back is like a dog which vomits and
then eats it up.”
(Reported by Al-Bukhari
and Muslim)
He (peace be upon him)
also said:
“Be
mindful of your obligation to Allah and do justice with respect to your
children.” (Reported by Al-Bukhari
and Muslim)
He (peace be upon him)
said:
“It
is not lawful for a man to make a donation or give a gift and then take it
back, except a father regarding what he gives his child.”
(Reported by At-Tirmidhi)
He (peace be upon him)
also said:
“If
anyone does you a kindness, recompense him.”
(Reported
by An-Nasa’i)
He (peace be upon
him) also said:
“Whenever
one receives a favor from another person and says to him: May Allah reward
you well, he would have made full recompense in praising.”
(Reported by At-Tirmidhi)
Donation for life:
Jabir (may Allah be
pleased with him) said:
“The
`Umra for which Allah's Messenger
(peace be upon him) gave sanction is that a person may say: This (property) is for you and
for your descendants. And when he said: That is for you as long as you live,
then it will return to its owner (after the death of the donee).”
(Reported by Muslim)
The Prophet (peace be
upon him) said:
“The
`Umra
belongs to whom it is given.” (Reported
by Muslim)
The Prophet (peace be
upon him) said:
“Whoever
is gifted a life grant, then it is for him and to his posterity. It would
not return to him who gave it; for he conferred it as a gift, rules of
inheritance will apply to it.”
(Reported
by Muslim)
Ruqba (donation on death of
owner):
The Prophet (peace be
upon him) said:
“Do
not give property to go to the survivor and do not give life-tenancy. If
anyone is given something to the survivor or given life-tenancy, it goes to
his heirs.”
(Reported by Ahmad, An-Nasa’i,
and Abu Dawud)
Establishing an endowment:
The Messenger of Allah
(peace be upon him) said:
“When
a human being dies, the reward of his good deeds stops except in three
cases: a current charity, a knowledge from which people benefit, or a pious
child invoking Allah for him.”
(Reported
by Muslim)
Zayd Ibn Khalid Al-Juhani
(may Allah be pleased with him) narrated:
Lost and found in
Al-Haram:
The Prophet (peace be upon him)
said:
“Allah
has made this town a sanctuary. Its thorny bushes should not be cut, its
game should not be chased, and its fallen things should not be picked up
except by one who would announce it publicly.”
(Reported by Al-Bukhari and Muslim)
Lost
and found (as for sheep):
Yazid (may Allah be pleased with him) narrated:
“The
Prophet was asked regarding the case of a lost sheep. He said: You should
take it, because it is for you, or for your brother, or for the wolf.”
(Reported by Al-Bukhari and Muslim)
Lost
and found (as for camels):
Zayd Ibn Khalid Al-Juhani
(may Allah be pleased with him) narrated:
Wrongly taken property:
Allah says:
]وَلاَ
تَأْكُلُواْ
أَمْوَالَكُم
بَيْنَكُم
بِالْبَاطِلِ[
(البقرة:
188)
This
means: “And eat up not one another's property unjustly (in any illegal way
e.g. stealing, robbing, deceiving, etc.).” (2, Al-Baqarah: 188)
The Prophet (peace be
upon him) said:
“Verily
your blood and property are as sacred and inviolable.”
(Reported by Al-Bukhari and Muslim)
He (peace be upon him)
also said:
“He
who wrongly took a span of land would be made to wear around his neck seven
earths.” (Reported by Al-Bukhari
and Muslim)
The Messenger of Allah
(peace be upon him) said:
“Beware,
if anyone wrongs a contracting man, or diminishes his right, or forces him
to work beyond his capacity, or takes from him anything without his consent,
I shall plead for him on the Day of Judgment.”
(Reported by Abu Dawud)
Al-Bara’ Ibn `Azib (may Allah be pleased with
him) narrated:
Suspension of children and the insane from dealings and bankruptcy:
Allah says:
]وَلاَ
تُؤْتُواْ
السُّفَهَاء
أَمْوَالَكُمُ
الَّتِي
جَعَلَ
اللّهُ
لَكُمْ
قِيَاماً
وَارْزُقُوهُمْ
فِيهَا
وَاكْسُوهُمْ[ (النساء:
5)
This
means: “And give not unto the foolish your property which Allah has made a
means of support for you, but feed and clothe them therewith.” (4, An-Nisa’:
5)
Allah says:
]وَابْتَلُواْ
الْيَتَامَى
حَتَّىَ
إِذَا
بَلَغُواْ
النِّكَاحَ
فَإِنْ
آنَسْتُم
مِّنْهُمْ
رُشْدًا
فَادْفَعُواْ
إِلَيْهِمْ
أَمْوَالَهُم[ (النساء:
6)
This
means: “And try orphans (as regards their intelligence) until they reach
the age of marriage; if then you find sound judgement in them, release their
property to them.” (4, An-Nisa’: 6)
Allah says:
]وَإِن
كَانَ ذُو
عُسْرَةٍ
فَنَظـِرَةٌ
إِلَى
مَيْسَرَةٍ[
(البقرة:
280)
This
means: “And if the debtor is in a hard time (has no money), then grant him
time till it is easy for him to repay.” (2, Al-Baqarah: 280)
The Prophet (peace be
upon him) said:
“There
are three whose actions are not recorded: a lunatic whose mind is deranged
till he is restored to consciousness, a sleeper till he awakes, and a boy
till he reaches puberty.”
(Reported by Abu Dawud)
The Messenger of Allah
(peace be upon him) said:
“He
who found his property intact with a man (who bought it but who later on)
became insolvent (or a person who became insolvent), he
(the seller) is
entitled to get it more than anyone else.”
(Reported by Al-Bukhari and Muslim)
Allah’s Messenger
(peace be upon him) said to the creditors:
“Take
what you find, you will have nothing but that.”
(Reported by Muslim)