He waived a financial right; can he renege on that waiving?

If a person lets another person off with regard to some financial matters, can he later on say to him that he is not letting him off?.

Praise be to Allaah.

If a person has a right over someone else – regardless of whether it is financial or otherwise – then he waives that right, then the second party is no longer responsible, and it is not permissible for the first party to come back and demand his former right, or to say that he is not letting him off. 

Ibn Qudaamah said in al-Mughni (8/250): 

If he is owed a debt by someone, and he gives it to him or lets him off or allows it to him, that is valid, and the debtor no longer owes him anything. If he says “I give it in charity to you,” that is valid. If he says, “I let you off,” that is valid. If he says, “I waive it from you,” that is valid. If he says, “You can keep it,” that is valid, because it is like him giving it to him. End quote. 

It says in al-Mawsoo’ah al-Fiqhiyyah (1/144): 

The scholars are agreed that it is not permissible to renege in letting someone off after he has accepted it, because it has been waived, and when something is waived it cannot be taken back, as is stated in the well known principle. End quote. 

It says in al-Darar al-Bahiyyah (3/392): 

It is forbidden to recant after giving up a debt, because it no longer applies. End quote. 

i.e., because he has absolved the debtor, he cannot ask for it a second time. 

In Tuhfat al-Muhtaaj it says (6/310): 

Giving up a debt cannot is definitively irrevocable. End quote. 

Waiving one’s right is like giving a gift, and the Messenger (peace and blessings of Allaah be upon him) forbade taking back a gift. He said: “The one who takes back his gift is like the dog which vomits then goes back to its vomit. And we (believers) should not act according to this bad example.” Narrated by al-Bukhaari (2589, 6975) and Muslim (1622). 

Al-Haafiz ibn Hajar (may Allaah have mercy on him) said: 

This means: it is not appropriate for us believers to have blameworthy characteristics (lit. “an evil description”) which would make us like the worst of animals in the worst of states. Allaah says (interpretation of the meaning): 

“For those who believe not in the Hereafter is an evil description, and for Allaah is the highest description. And He is the All‑Mighty, the All‑Wise”

[al-Nahl 16:10] 

Perhaps this is a more eloquent rebuke and is more indicative that it is haraam than saying, for example, “Do not take back a gift.” End quote. 

Fath al-Baari (5/294). 

And Allaah knows best.

Ruling on borrowing from one whose wealth is haraam

Is it permissible to borrow money from a person who is known to deal in haraam things and to be engaged in haraam actions?.

Praise be to Allaah.

You should not borrow from this person or have any dealings with him so long as he is dealing in haraam things or is known for haraam dealings, whether that is riba or anything else. You should not deal with him or borrow from him, rather you should avoid that and keep away from it. 

But if he deals with haraam things and non-haraam things, i.e., his dealings are a combination of good and bad, then there is nothing wrong with it, but it is better not to do that, because the Prophet (peace and blessings of Allaah be upon him) said: “Leave that which makes you doubt for that which does not make you doubt.” Narrated by al-Tirmidhi. 2518; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. And he (peace and blessings of Allaah be upon him) said: “Whoever avoids doubtful matters will protect his religious commitment and his honour.” Agreed upon. And he (peace and blessings of Allaah be upon him) said: “Sin is that which wavers in your heart and you dislike the people finding out about.” Narrated by al-Tirmidhi, 2389; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi. 

So the believer should keep away from doubtful matters. If you know that all his dealings are haraam and that he trades in haraam things, then you should not deal with such a person or borrow from him. End quote. 

Majmoo’ Fataawa Ibn Baaz, 19/286.

Taking a loan with interest in order to get married

I am going to marry soon. By Allah’s grace we have done the contract of marriage few days ago, but now I am in debt and there are some instalments to be paid. Am I permitted to take a loan from the bank I am dealing with, in order to pay this debt and instalments, knowing that I will pay this loan in instalments and with interest? I know that this is a Riba loan, but I am obliged to do many things in the near future, I have to furbish my flat. Of course I will not be able to pay all the debt and instalments at the same time as furbishing my flat. This is really a very big burden I am not able to financially bear it. Is the loan I am going to take halal or haram?.

Praise be to Allaah.

We ask Allaah to make it easy for you to get married and to help you to do that. As for taking a loan with interest, it is haraam and is a grave major sin which it is not permissible to do in such cases. Allaah says (interpretation of the meaning):  

“And whosoever fears Allaah and keeps his duty to Him, He will make a way for him to get out (from every difficulty)”

[al-Talaaq 65:2] 

We advise you to seek the help of Allaah and turn to Him and ask Him to make things easy for you, and to plan well, budget and be patient until Allaah decrees a way out for you. 

For more information on the rulings on riba-based loans we advise you to read the answers to questions no. 94832, 45910, 22905 and 21914.

Taking a loan in order to buy shares

What is your opinion of someone who takes a loan in order to buy shares?.

Praise be to Allaah.

A person should not get too deeply involved in taking loans, rather he should only take out loans for things that are necessary or essential.

The Prophet (peace and blessings of Allaah be upon him) used to seek refuge with Allaah from debt. Al-Bukhaari (883) narrated from ‘Aa’ishah (may Allaah be pleased with her) that the Messenger of Allaah (peace and blessings of Allaah be upon him) used to say in du’aa’ when praying: Allaahumma inni a’oodhi bika min al-ma’tham wa’l-maghram (O Allaah, I seek refuge with You from sin and debt).”  Someone said to him, “How often you seek refuge with Allaah from debt!” He said, “If a man gets into debt, he speaks and lies, he makes a promise then breaks it.” And he (peace and blessings of Allaah be upon him) used to call on people to pay off debts.  

The Prophet (peace and blessings of Allaah be upon him) also used to say in his du’aa’: “Allaahumma anta al-awwal fa laysa qablaka shay’un, wa anta al-aakhir fa laysa ba’daka shay’un, wa anta al-zaahir fa laysa fawqaka shay’un, wa anta al-baatin fa laysa doonaka shay’un, iqdi ‘anna al-dayn wa aghnina min al-faqr (O Allaah, You are the First and there is nothing before You, You are the Last and there is nothing after You, You are the Most High and there is nothing above You, and You are the Most Near and there is nothing closer than You. Settle our debt for us and spare us from poverty).” Narrated by al-Bukhaari (4888). 

One of the dangers of debt is that the martyr who dies for the sake of Allaah in battle will not be forgiven for debt. 

Muslim narrated (1886) from ‘Abd-Allaah ibn ‘Amr ibn al-‘Aas that the Messenger of Allaah (peace and blessings of Allaah be upon him) said: “The shaheed will be forgiven for every sin except debt.”

And al-Nasaa’i narrated (4605) that Muhammad ibn Jahsh (may Allaah be pleased with him) said: We were sitting with the Messenger of Allaah (peace and blessings of Allaah be upon him) when he raised his head towards the sky, then he put his palm on his forehead and said: “Subhaan-Allaah!  What a strict issue has been revealed to me!” We remained silent and were afraid. The following morning I asked him, “O Messenger of Allaah, what is this strict issue that has been revealed?” He said, “By the One in Whose hand is my soul, if a man were killed in battle for the sake of Allaah, then brought back to life, then killed and brought back to life again, then killed, and he owed a debt, he would not enter Paradise until his debt was paid off.” Classed as hasan by al-Albaani in Saheeh al-Nasaa’i, 4367.

Because of this – and other – evidence, one should not get deeply involved in debt, taking loans for necessary and unnecessary things, or borrowing large amounts of money in order to get into business when he does not know, perhaps Allaah will not grant him success in this business, and then what will he do? How will he be able to pay off this large amount from his salary that is barely sufficient for his own living expenses? 

Hence the wise man should be content with that which Allaah has given him of halaal provision, and not look at those who are above him in terms of worldly gains and wealth. Rather he should look at those who are beneath him and have less wealth than him. If his salary is not enough, then he should look for other work through which Allaah may grant him sufficient provision. As for taking risks and taking loans that he is unable to pay off, this is not right.  

Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) was asked: What is the ruling on buying shares in companies? And what is the ruling on taking loans in order to buy shares? 

He replied:  

Buying shares in companies is subject to further discussion, because we have heard that they put their money in a foreign bank, or a virtually foreign bank, and they take interest on it, and this is riba. If that is true then buying shares in them is haraam, and is a major sin, because riba is a major sin. But if it is free of that, then buying shares is halaal so long as there are no other shar’i reservations. 

As for taking a loan in order to buy these shares, whether the loan is taken in a shar’i way, such as an interest-free loan, or in a way that involves blatant riba, or a way that involves hidden riba by means of a trick intended to deceive Allaah and the Muslims, that is foolishness, because he does not know whether he will be able to pay it off in the future or not, so how can he get involved in this loan, when Allaah says (interpretation of the meaning): “And let those who find not the financial means for marriage keep themselves chaste, until Allaah enriches them of His Bounty” [al-Noor 24:33]? Allaah did not tell these people who cannot afford it to take out loans, even though the need for marriage is greater than the need for wealth. Similarly, the Prophet (peace and blessings of Allaah be upon him) did not tell the one who could not afford it to do that, and he did not tell the one who could not find an iron ring for a mahr to do that. As this is the case, it indicates that the Lawgiver does not approve of taking loans, so the wise man who is keen to protect his religious commitment and reputation will beware of indulging in loans. End quote. 

Majmoo’ Fataawa Ibn ‘Uthaymeen (18/195). 

And Allaah knows best.

Should he mortgage his house to a non-Islamic bank so that he can buy another house?

A family rents a small flat that is not suitable to live in. They have another home, but it is in another city and it is difficult for the father to leave his family there, as he works in another place, and doesn’t have enough income to buy a home in the city where he works. Is it permissible that they give the home they have in pledge to a non-Islamic bank in order to buy another house in the city where the father works? There are no Islamic banks in the city, and the father is in big debt, whatever he earns goes to pay off the debt.

Praise be to Allaah.

If what is meant is a loan from the bank, and mortgaging the house to secure the debt, then it depends: 

Firstly: if the loan is to be repaid with something extra (interest), then it is a riba-based loan which is haraam.

Ibn Qudaamah (may Allaah have mercy on him) said: “Every loan in which it is stipulated that something extra must be paid back is haraam, with no difference of scholarly opinion. Ibn al-Mundhir said: [the scholars] are unanimously agreed that if the lender stipulates that the borrower must pay extra or give him a gift, and he lends him money on that basis, then accepting the extra payment is riba. It was narrated from Ubayy ibn Ka’b, Ibn ‘Abbaas and Ibn Mas’ood that they forbade every loan that brings benefits, because loans should be given as an act of kindness and an act of worship aimed at bringing one closer to Allaah. So if there is a stipulation of extra payment, this diverts the loan from its purpose.” 

Al-Mughni, 6/436. 

Secondly: if the loan is to be paid back without interest, but the bank will benefit from the house for free until the loan is paid off, then this is also haraam, and is a form of interest. The fuqaha’ have stated that if the mortgage is given for a loan, it is not permissible for the lender (the bank) to benefit from it for free, because this is a trick to have a riba-based loan. Rather if the bank wants to benefit from it, then it should rent it at the market rate, without taking any advantage.  

Ibn Qudaamah said in al-Mughni (4/250): If the mortgagor (debtor) gives permission to the mortgagee (creditor) to benefit from (the property) without paying for it, and the property is a mortgage or pledge for a loan, then it is not permissible, because it then becomes a loan which brings a benefit, and that is haraam. 

Ahmad said: I regard as haraam lending houses, which is pure riba, i.e., if the house is a pledge for a loan from which the mortgagee (creditor) benefits. End quote. 

The scholars of the Standing Committee for Issuing Fatwas were asked: In some villages in Egypt there is a custom of mortgaging agricultural land, whereby a man who needs money takes money from the man who has money, and in return for taking the money, the owner of the money takes the agricultural land that belongs to the borrower as a pledge or mortgage. The owner of the money takes the land and benefits from its crops or what the land produces, and the owner of the land does not take anything. The agricultural land remains in the control of the creditor until the borrower pays the money back to its owner. What is the ruling on mortgaging agricultural land which involves taking what the land produces? Is it halaal or haraam?  

They replied: If a person gives a loan, it is not permissible for him to stipulate that the lender should get any benefit in return for the loan, because of the report narrated from the Prophet (peace and blessings of Allaah be upon him) in which he said: “Every loan that brings a benefit is riba.” The scholars are unanimously agreed on that. That includes what is mentioned in the question about the borrower pledging or mortgaging land to the lender, and the lender benefiting from it until the loan that is owed by the land’s owner is repaid. The same  applies if he owes a debt; it is not permissible for the one to whom the debt is owed to take the produce of the land or to benefit from it in return for giving the debtor more time. And because the aim of the pledge or mortgage is to guarantee that the debt will be repaid, not to make use of the pledged item in return for the loan or for delaying repayment of the debt. End quote. 

Fataawa al-Lajnah al-Daa’imah (14/177). 

Thirdly: If the loan is to be paid back without interest, and the bank will not benefit from the mortgaged house, or it will benefit from it in return for paying market rent, then this is permissible; it is a qard hasan (a good loan) and there is no problem with it. 

If the loan is haraam, as in the first and second scenarios, then it is not permissible to get involved with it, even if the family needs a house, as you said, because of the stern warning that was issued concerning riba. We ask Allaah to keep us safe and sound. This applies even if the mortgage is done in a manner different from what we imagined; perhaps you can clarify the matter. 

And Allaah knows best.

Is it permissible to lend shares?

I need money, so I asked my friend to lend me some, but he said: I do not have any cash, but I have five shares in a cement company, which I will lend to you, and you can give me back five shares in the same company. I am going to take the shares and sell them to meet my needs, then after that I will buy him the same number of shares in the same company from the stock market. Is that permissible?.

Praise be to Allaah.

It does not seem that there is any reason why you should not do that, so long as you are going to repay him the same number of shares in the same company. Rises and falls in share prices will not have any effect on this loan. 

Shaykh ‘Abd al-Rahmaan al-Barraak.

 That is subject to the condition that the shares should not be shares in a financial company, such as shares in an Islamic bank, for example, because most of the shares in those companies have to do with currencies.

And Allaah knows best.

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Ruling on eating KFC (Kentucky Fried Chicken)

I work for about three years in KFC. They told me that the chicken is halaal. They also had a certificate. But now i have checked the e-codes on the site guidedway.com and i have seen that it is mushbooh. So i want to know ur opinion.
And i have one more very important question. They use shortening(oil). i checked that about shortening on guidedway.com and it says IT DEPENDS. so i am not sure whether is haraam or halaal. my question is can I eat fries or is it better to avoid it.
What is the ruling on fish burger?.

Praise be to Allaah.

Firstly: 

In order for it to be permissible to eat chicken and meat that is sold in Muslim countries and elsewhere, two conditions must be met: 

1.     The meat should have been slaughtered in the manner prescribed in sharee‘ah; it should not have been stunned with electricity, or drowned in water, or any other means of killing that is done in some countries.

2.     The one who slaughtered the meat should have been a Muslim or a kitaabi (one of the people of the Book, i.e., a Jew or Christian); it is not permissible to eat meat slaughtered by a communist, atheist or idol-worshipper. 

See the answer to question no. 83362. 

If it becomes clear to you that the chicken sold in these restaurants has not been slaughtered in the manner prescribed in sharee‘ah, it is not permissible for you to eat it and it is not permissible for you to work with those who sell it, because that comes under the heading of cooperating in sin and transgression. 

Secondly: 

It is permissible to eat fried meat and fish from these restaurants, subject to two conditions: 

1.     That it is not fried in the same oil as the non-halaal chicken or in vessels in which chicken was fried, until they have been washed, because the non-halaal chicken is maytah (dead meat) and is najis (impure).

2.     The meat should be halaal. 

And Allah knows best.