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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the obligation of one who borrows or takes a loan and is unable to repay?

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Question:
May Allah reward you with good and do you well. Shaykh Salih, you mentioned the good loan, and that if a person is in need, he goes to his brother and he lends to him. Some people borrow from this one and that one, but when the time for repayment comes, he finds himself in a state different from the one he was in when he borrowed. Do you have a word for us? May Allah preserve you.

Answer:
Allah, Glorified and Exalted is He, says:
And if someone is in hardship, then [let there be] postponement until [a time of] ease.وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ
[Al-Baqarah 2:280]
. Music.
If a person borrows money or incurs a debt and then becomes unable to pay, it is obligatory to grant him a delay and give him time. If the creditor forgives him, that is better. Allah the Exalted said:
And if someone is in hardship, then [let there be] postponement until [a time of] ease.وَإِن كَانَ ذُو عُسْرَةٍ فَنَظِرَةٌ إِلَىٰ مَيْسَرَةٍ
[Al-Baqarah 2:280]
meaning, give him time
But if you give [from your right as] charity, then it is better for you, if you only knew.وَأَن تَصَدَّقُوا خَيْرٌ لَّكُمْ إِن كُنتُمْ تَعْلَمُونَ
[Al-Baqarah 2:280]
. If the creditor forgives the one in difficulty and waives the debt, that is better for him and more beneficial for him with Allah (Glorified and Exalted is He). Otherwise, he must give him time until he is able to pay, and then he pays. However, delaying payment by one who is able to fulfill the obligation is forbidden. The Prophet (peace and blessings be upon him) said:
The one who has the means is an oppressor; his character and his punishment are made lawful.لي الواجد ظلم يحل عرضه وعقوبته،
. "The one who has the means" is the rich person, and "his delay" means his procrastination.
The Prophet (peace and blessings be upon him) called it oppression and permitted exposing his character by the owner of the right complaining to the one in authority, saying, "So-and-so has oppressed me and consumed my wealth," and the like. This is speaking about his character, and it is permissible in order to attain the right. As for his punishment, it is as mentioned in the words of the scholars: his punishment is imprisonment and discretionary punishment until he settles what he owes of the right. Therefore, it is not permissible for the rich person who is able to settle the debt to stall, delay the right owed to him, harass the owners of the right, or harm them in their right, whether it is a loan or any other debt. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 4050- ما الواجب فيمن استدان أو اقترض ولم يستطع السداد؟ - الشيخ صالح الفوزان — youtube.com

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

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