The ruling on one who makes a claim against another and then drops it, causing harm to the one against whom the claim was made
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. If a person resorts to trickery and makes a claim against another, and when he is unable to prove the case he drops it,
The Shaykh:
What is it?
The questioner:
If a person resorts to trickery and makes a claim against another, and when he is unable to prove the case he drops it, and the one against whom the claim was made heard about it and fears for his reputation, should the claimant be left alone?
The Shaykh:
If it is of a nature that damages the reputation, then he is to be subjected to a discretionary punishment. But if it does not damage the reputation and does not affect the person, then he is not held accountable for anything. Yes, but little of this is happening now, and some scholars have said that if he made a claim against him and prevented him from his work, or accompanied him in the courts, or the one against whom the claim was made lost money because of the claim, and then it became clear that he was a liar and had no case, he is to be held accountable for what he spent and what he lost. He is to be held accountable for what he lost and what he spent as a result of a false claim. He is not to be left to harm people. Some people make a claim against a person, delay, and harm him, and he is a liar. If this is established, the judge makes him pay what the other party lost.
He says: Honorable Shaykh, may Allah grant you success. If a person resorts to trickery and makes a claim against another, and when he is unable to prove the case he drops it,
The Shaykh:
What is it?
The questioner:
If a person resorts to trickery and makes a claim against another, and when he is unable to prove the case he drops it, and the one against whom the claim was made heard about it and fears for his reputation, should the claimant be left alone?
The Shaykh:
If it is of a nature that damages the reputation, then he is to be subjected to a discretionary punishment. But if it does not damage the reputation and does not affect the person, then he is not held accountable for anything. Yes, but little of this is happening now, and some scholars have said that if he made a claim against him and prevented him from his work, or accompanied him in the courts, or the one against whom the claim was made lost money because of the claim, and then it became clear that he was a liar and had no case, he is to be held accountable for what he spent and what he lost. He is to be held accountable for what he lost and what he spent as a result of a false claim. He is not to be left to harm people. Some people make a claim against a person, delay, and harm him, and he is a liar. If this is established, the judge makes him pay what the other party lost.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/138 شرح زاد المستقنع/ صالح الفوزان — youtube.com (52:53)
The Arabic text is a machine transcription of the audio recording.
