Is it permissible for a person to take his debt from a delayer without his knowledge?
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Question : May Allah reward you. The questioner says: If I have a debt with some people, and they are delaying its payment, and I am in great need of this money, if it becomes easy for me to take my right from this person without his knowledge, am I allowed to take it or not?
Answer : No, if you have a right against a person and he is delaying, and you are able to take something from his wealth in exchange for your right, you have no right to take it, unless it is your own property, in which case you may take it. The evidence for this is thatMishkat al-Masabih 2934 And as for if it is your own property, which he took from you as a loan and then denied and rejected it, you may take it because it is your own property.
This is regarding a debt on a person. As for maintenance, listen, my brother, regarding maintenance, a person may take from the wealth of the one who is obligated to provide for him, an amount equal to the maintenance. For example, a woman whose husband is stingy and does not give her the maintenance she needs, and she is able to take something from his wealth without his knowledge, she may take from his wealth without his knowledge an amount equal to the maintenance. The evidence is that Hind bint 'Utbah came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah, Abu Sufyan is a stingy man who does not give me what is sufficient for me and my child. He said: Take from his wealth what is sufficient for you and your child in a proper manner.
Likewise, if a person is owed maintenance by another who does not provide it, he may take from his wealth without his knowledge. Let us suppose a son who has reached the age of marriage said to his father: O father, marry me off. He said: Nothing will relieve your back except your nail. Nothing will scratch your back except your nail. What does this mean? It means: Earn a living and get married. His father was very rich, and the son had nothing. He repeated it to him, but his father refused. So the son was able to take the amount of the mahr from his father's wealth without his knowledge. Is he allowed to take it? Yes or no? Yes, he is allowed to do so, because this is maintenance that is necessary. He may take from his wealth without his knowledge. Now, if he got married and one wife was not enough for him, and he asks for a second. Does he do it or not? No, the man does not take if one wife was not enough for him. He took a second and it was not enough for him.
Does he take a third? Yes. He took a third and it was not enough? He takes a fourth. He took a fourth and it was not enough? That is it, we say: May Allah help him. Well, in any case, the summary now is: if the person has a right for the sake of maintenance, yes, he may take from the wealth of the one who is obligated to provide for him an amount equal to his sufficiency without his knowledge. And if it is a debt, he has no right to take from his wealth, even if he is delaying, denying, or rejecting it. Rather, he should complain to the authorities.
Answer : No, if you have a right against a person and he is delaying, and you are able to take something from his wealth in exchange for your right, you have no right to take it, unless it is your own property, in which case you may take it. The evidence for this is that
the Prophet as saying, “Place trust in him who trusts you, but do not cheat him who cheats you.”
النبي صلى الله عليه وسلم قال أد الأمانة إلى من ائتمنك ولا تخن من خانك،This is regarding a debt on a person. As for maintenance, listen, my brother, regarding maintenance, a person may take from the wealth of the one who is obligated to provide for him, an amount equal to the maintenance. For example, a woman whose husband is stingy and does not give her the maintenance she needs, and she is able to take something from his wealth without his knowledge, she may take from his wealth without his knowledge an amount equal to the maintenance. The evidence is that Hind bint 'Utbah came to the Prophet (peace and blessings be upon him) and said: O Messenger of Allah, Abu Sufyan is a stingy man who does not give me what is sufficient for me and my child. He said: Take from his wealth what is sufficient for you and your child in a proper manner.
Likewise, if a person is owed maintenance by another who does not provide it, he may take from his wealth without his knowledge. Let us suppose a son who has reached the age of marriage said to his father: O father, marry me off. He said: Nothing will relieve your back except your nail. Nothing will scratch your back except your nail. What does this mean? It means: Earn a living and get married. His father was very rich, and the son had nothing. He repeated it to him, but his father refused. So the son was able to take the amount of the mahr from his father's wealth without his knowledge. Is he allowed to take it? Yes or no? Yes, he is allowed to do so, because this is maintenance that is necessary. He may take from his wealth without his knowledge. Now, if he got married and one wife was not enough for him, and he asks for a second. Does he do it or not? No, the man does not take if one wife was not enough for him. He took a second and it was not enough for him.
Does he take a third? Yes. He took a third and it was not enough? He takes a fourth. He took a fourth and it was not enough? That is it, we say: May Allah help him. Well, in any case, the summary now is: if the person has a right for the sake of maintenance, yes, he may take from the wealth of the one who is obligated to provide for him an amount equal to his sufficiency without his knowledge. And if it is a debt, he has no right to take from his wealth, even if he is delaying, denying, or rejecting it. Rather, he should complain to the authorities.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، لقاء[4 من 61] هل يجوز للشخص أخذ دينه من المماطل بدون علمه؟!! الشيخ ابن عثيمين - مشروع كبار العلماء — youtube.com
The Arabic text is a machine transcription of the audio recording.
