He says: I heard a hadith from the Messenger of Allah (peace and blessings be upon him) in which he curses the one who gives a bribe and the one who takes it. Does this include the person who has a need in one of the departments?
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The questioner : He says: I heard a hadith from the Messenger of Allah (peace and blessings be upon him) in which he curses the one who gives a bribe and the one who takes it. Does this include the person who has a need in one of the official departments and offers some money to have it fulfilled, knowing that if he did not do so, it would be delayed or not fulfilled at all, and there is no injustice to anyone or changing a right to falsehood? Or is such a thing permissible in the Shari'ah?
The Shaykh : This process mentioned by the questioner is that he has a need in one of the government departments and he cannot reach it except by paying something to the employee.
The questioner : Yes.
The Shaykh : This process has two sides: the first side is the side of the one who pays, and the second side is the side of the one to whom it is paid.
As for the one to whom this matter is paid, he is sinful. The one to whom the money is paid is sinful, and the money is forbidden for him; it is not lawful for him to eat it because he took it by falsehood. It is obligatory for every employee to perform his job which was entrusted to him without begging from people or forcing them to offer him money to fulfill their needs which are his responsibility. He must repent to Allah from this action and return the money he took to its owners if he can know them. If he cannot know them, it is obligatory for him to get rid of it, either by giving it in charity to the poor or by spending it in beneficial projects, intending thereby to get rid of it, not to draw near to Allah with it. Because if he intended to draw near to Allah with these forbidden monies, Allah would not accept it from him. For Allah the Exalted is Pure and does not accept except what is pure. His conscience is not cleared of it because he disposed of it as if it were for himself, so he destroyed it for others, and it did not benefit him in the Hereafter. But he gives it in charity to get rid of it, or spends it in other beneficial projects, and in that case, he does not have the reward of it as charity, but he has the reward of repenting from it. And Allah the Exalted says in Surat al-Furqan, when He mentioned some of the major and minor prohibitions, He said, Glorified and Exalted is He:[Al-Furqan 25:70]. Yes. A moment.
As for the second side, which is the side of the one who pays.
The questioner : Yes.
The Shaykh : The one who pays owes nothing if his payment was to secure his right and did not include harm to others. If it included harm to others, it is forbidden for him, and he must be patient and count on Allah until his turn comes.
The questioner : Yes, may Allah bless you and reward you.
The Shaykh : This process mentioned by the questioner is that he has a need in one of the government departments and he cannot reach it except by paying something to the employee.
The questioner : Yes.
The Shaykh : This process has two sides: the first side is the side of the one who pays, and the second side is the side of the one to whom it is paid.
As for the one to whom this matter is paid, he is sinful. The one to whom the money is paid is sinful, and the money is forbidden for him; it is not lawful for him to eat it because he took it by falsehood. It is obligatory for every employee to perform his job which was entrusted to him without begging from people or forcing them to offer him money to fulfill their needs which are his responsibility. He must repent to Allah from this action and return the money he took to its owners if he can know them. If he cannot know them, it is obligatory for him to get rid of it, either by giving it in charity to the poor or by spending it in beneficial projects, intending thereby to get rid of it, not to draw near to Allah with it. Because if he intended to draw near to Allah with these forbidden monies, Allah would not accept it from him. For Allah the Exalted is Pure and does not accept except what is pure. His conscience is not cleared of it because he disposed of it as if it were for himself, so he destroyed it for others, and it did not benefit him in the Hereafter. But he gives it in charity to get rid of it, or spends it in other beneficial projects, and in that case, he does not have the reward of it as charity, but he has the reward of repenting from it. And Allah the Exalted says in Surat al-Furqan, when He mentioned some of the major and minor prohibitions, He said, Glorified and Exalted is He:
Except for those who repent, believe and do righteous work. For them Allah will replace their evil deeds with good. And ever is Allah Forgiving and Merciful.
إِلَّا مَنْ تَابَ وَءامَنَ وَعَمِلَ عَمَلًا صَالِحًا فَأُوْلَئِكَ يُبَدِّلُ اللَّهُ سَيِّئَاتِهِمْ حَسَنَاتٍ وَكَانَ اللَّهُ غَفُورًا رَحِيمًاAs for the second side, which is the side of the one who pays.
The questioner : Yes.
The Shaykh : The one who pays owes nothing if his payment was to secure his right and did not include harm to others. If it included harm to others, it is forbidden for him, and he must be patient and count on Allah until his turn comes.
The questioner : Yes, may Allah bless you and reward you.