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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Is it permissible for one who has been wronged in his wealth to swear a false oath to take his right?

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Question:
May Allah reward you. This brother, the questioner, says: Shaykh, is it permissible for you, if you have been wronged by a person, to avenge yourself by taking your right from him, if it is financial, even if you are compelled to do so by swearing an oath that is not truthful, because he is the one who caused this loss for you?

Answer:
My brother, if someone has wronged you by taking something from your wealth, there is an authority to whom you should bring his case and demand your right, and you should not take it by your own hand, because that leads to chaos and disorder. However, if it is not possible to bring him before the authority and you come into possession of some of his wealth, you may take the amount of your right, provided that this does not lead to a greater harm. This is what is called the issue of seizing (al-dhufar). When Hind bint 'Utbah mentioned to the Messenger of Allah (peace and blessings be upon him)
Abu Sufyan is a miserly personأن أبا سفيان رجل شحيح
Sahih Muslim 1714a
that he did not give her and her children enough for their maintenance, he (peace and blessings be upon him) asked her, "Do you take from his wealth?" She said, "Yes." He (peace and blessings be upon him) said,
Take what is sufficient for you and your child, on a reasonable basis.خذي ما يكفيك وولدك بالمعروف.
Sunan Ibn Majah 2293Sahih (Darussalam)
Source قناة «العلامة الدكتور صالح الفوزان»، هل يجوز لمن ظلم في ماله أن يحلف كذبا ليأخذ حقه؟ الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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