A man borrowed money, and when the time for repayment arrived, he had nothing to pay with, so the owner of the money filed a complaint against him in court, and the debtor denied that he owed any money.
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The questioner : The second question says: I borrowed a sum of money from one of the people for a limited term. The time for repayment arrived, and I did not have what to pay his debt with, so he filed a complaint against me in court. When the judge asked me, I denied that he had anything in my trust out of fear of being sentenced to prison if I did not pay. I swore to that effect that I had not borrowed anything from him. My intention was that if I found money, I would pay the debt he has over me. What is my obligation regarding this oath that I swore falsely and intentionally to escape prison? Does it have an expiation or not?
The Shaykh : This oath that you swore falsely in denying the right of your Muslim brother is a *ghumus* oathBulugh al-Maram 1426. So your action is among the major sins. And if it saves you from prison in this world, it will not save you from the punishment on the Day of Resurrection, except as Allah wills.
Then, your escape from prison in this world is achieved by your admission that you owe this man such and such an amount of money, and then presenting proof that you are unable to pay. If proof is established before the judge that you are unable to pay, then the judge will dismiss your opponent from you and prevent him from demanding payment from you. Because if the debtor's inability to pay is established, then his demand for the debt and his pursuit of it is forbidden, as Allah the Exalted said:[Al-Baqarah 2:280].
Many people, when their debts come due and they cannot pay them, resort to another method other than the one I mentioned or the one the questioner mentioned. They go to people and borrow from them, and then when the second debt comes due, they borrow for it, and so on until the debts accumulate upon them and they are consequently unable to pay them. This is a method of the foolish. And when it is established that a person is poor, he will not be demanded to pay the debt. So we say to him: establish your poverty before the judge, and then the demand will be lifted from you, and you will be safe from borrowing again and again and again, and safe from bearing many heavy debts that you may be unable to handle in the future.
And here is a matter that we must also direct to the one being demanded, who is the debtor. Some of the debtors being demanded do not fear Allah (Glorified and Exalted is He) and do not have mercy on creation. You find him playing with the money, wasting it, and corrupting it, and then he comes at the end of the matter and says, "I am unable to pay." This is also foolishness. Likewise, there are people who have the ability to pay, despite the debts coming due and the owner of the debt demanding them, yet they delay and postpone the payment.
He comes to him and says, "Come tomorrow," and then he comes and says, "Come tomorrow." And it is established from the Prophet (peace and blessings be upon him) that he said:. Yes.
The questioner : May Allah bless you.
This message is from the listener Khalfan Muhammad Nasser al-Busaydi from the Sultanate of Oman.
The Shaykh : This oath that you swore falsely in denying the right of your Muslim brother is a *ghumus* oath
If anyone swears a firm oath - knowingly, intentionally, taking by it property belonging to a Muslim, Allah will be angry with him when he meets Him (on the Day of Resurrection).
ومن كذب على يمين يقتطع بها مال امرئ مسلم هو فيها فاجر لقي الله وهو عليه غضبانThen, your escape from prison in this world is achieved by your admission that you owe this man such and such an amount of money, and then presenting proof that you are unable to pay. If proof is established before the judge that you are unable to pay, then the judge will dismiss your opponent from you and prevent him from demanding payment from you. Because if the debtor's inability to pay is established, then his demand for the debt and his pursuit of it is forbidden, as Allah the Exalted said:
And if someone is in hardship, then [let there be] postponement until [a time of] ease
وإن كان ذو عسرة فنظرة إلى ميسرةMany people, when their debts come due and they cannot pay them, resort to another method other than the one I mentioned or the one the questioner mentioned. They go to people and borrow from them, and then when the second debt comes due, they borrow for it, and so on until the debts accumulate upon them and they are consequently unable to pay them. This is a method of the foolish. And when it is established that a person is poor, he will not be demanded to pay the debt. So we say to him: establish your poverty before the judge, and then the demand will be lifted from you, and you will be safe from borrowing again and again and again, and safe from bearing many heavy debts that you may be unable to handle in the future.
And here is a matter that we must also direct to the one being demanded, who is the debtor. Some of the debtors being demanded do not fear Allah (Glorified and Exalted is He) and do not have mercy on creation. You find him playing with the money, wasting it, and corrupting it, and then he comes at the end of the matter and says, "I am unable to pay." This is also foolishness. Likewise, there are people who have the ability to pay, despite the debts coming due and the owner of the debt demanding them, yet they delay and postpone the payment.
He comes to him and says, "Come tomorrow," and then he comes and says, "Come tomorrow." And it is established from the Prophet (peace and blessings be upon him) that he said:
Delaying the payment of a wealthy person is injustice.
مطل الغني ظلمThe questioner : May Allah bless you.
This message is from the listener Khalfan Muhammad Nasser al-Busaydi from the Sultanate of Oman.