The Ruling on Bribery and the Difference Between It and a Gift
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Question:
We move on to another questioner who asks, may Allah preserve you. He uses the name Abdullah as a code. He says: Is there a difference between bribery and the gift that a person offers in exchange for completing a task for another person who has completed the task for him? What is the criterion and the ruling on bribery?
Answer:
Bribery is illicit gain. Allah, Mighty and Majestic, described the Jews as those who devour illicit gain,[Al-Ma'idah 5:42]. Illicit gain is bribery. Bribery is a corrupt earning in itself, and it also has a corrupt effect on society, because it causes rights to be lost and emboldens the oppressors in their oppression. So there is corruption in it for society. Therefore, the one afflicted by it should repent to Allah, Mighty and Exalted, and abandon bribery. [Al-Baqarah 2:188] The Prophet (peace and blessings be upon him) said: Al-Mustadrak lil-Hakim 30:66 Three are cursed: the briber is the one who pays the bribe, the one who accepts it is the one who takes it, and the one who mediates between them.
All of them are cursed by the tongue of the Messenger of Allah (peace and blessings be upon him). It is a heinous crime. By whatever name it is called? A gift, a present, a right, or something similar. Fees or something similar. No official is to be given anything by the people who deal with him. No official in a department or one in charge of a task is to be given anything in exchange for his work; rather, his salary is sufficient for him.
His salary that he receives is sufficient for him. The Prophet (peace and blessings be upon him) appointed a man to oversee the charity, meaning the collection of zakah. So he came and said, "This is for you, and this was given to me as a gift." The Prophet (peace and blessings be upon him) became angry and delivered a sermon, saying: "What is the matter with us that we send a man to work in what Allah has entrusted to us, and then he comes and says, 'This is for you, and this was given to me as a gift'? Should he not sit in his mother's house and see if he is given a gift?"
So this action is not permissible. It is obligatory for the Muslims to fight bribery and avoid it. It is obligatory for those who deal with officials to beware of bribery. It is obligatory for administrators and officials to beware of bribery in whatever form it takes, even if it is a benefit. If he gives you a benefit and says, "Stay in my house for a year or days, or this is my car, ride in it, I will carry you on it," all of this falls under bribery. Yes.
The presenter:
May Allah reward you.
We move on to another questioner who asks, may Allah preserve you. He uses the name Abdullah as a code. He says: Is there a difference between bribery and the gift that a person offers in exchange for completing a task for another person who has completed the task for him? What is the criterion and the ruling on bribery?
Answer:
Bribery is illicit gain. Allah, Mighty and Majestic, described the Jews as those who devour illicit gain,
[They are] avid listeners to falsehood, devourers of [what is] unlawful
سَمَّاعُونَ لِلْكَذِبِ أَكَّالُونَ لِلسُّحْتِAnd do not consume one another's wealth unjustly or send it [in bribery] to the rulers in order that [they might aid] you [to] consume a portion of the wealth of the people in sin, while you know [it is unlawful].
وَلَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ وَتُدْلُوا بِهَا إِلَى الْحُكَّامِ لِتَأْكُلُوا فَرِيقًا مِّنْ أَمْوَالِ النَّاسِ بِالْإِثْمِ وَأَنتُمْ تَعْلَمُونَMay Allah curse the one who offers a bribe, the one who accepts a bribe, and the one who acts as an intermediary in it
لعن الله الراشي والمرتشي والرائشAll of them are cursed by the tongue of the Messenger of Allah (peace and blessings be upon him). It is a heinous crime. By whatever name it is called? A gift, a present, a right, or something similar. Fees or something similar. No official is to be given anything by the people who deal with him. No official in a department or one in charge of a task is to be given anything in exchange for his work; rather, his salary is sufficient for him.
His salary that he receives is sufficient for him. The Prophet (peace and blessings be upon him) appointed a man to oversee the charity, meaning the collection of zakah. So he came and said, "This is for you, and this was given to me as a gift." The Prophet (peace and blessings be upon him) became angry and delivered a sermon, saying: "What is the matter with us that we send a man to work in what Allah has entrusted to us, and then he comes and says, 'This is for you, and this was given to me as a gift'? Should he not sit in his mother's house and see if he is given a gift?"
So this action is not permissible. It is obligatory for the Muslims to fight bribery and avoid it. It is obligatory for those who deal with officials to beware of bribery. It is obligatory for administrators and officials to beware of bribery in whatever form it takes, even if it is a benefit. If he gives you a benefit and says, "Stay in my house for a year or days, or this is my car, ride in it, I will carry you on it," all of this falls under bribery. Yes.
The presenter:
May Allah reward you.
Source
نور على الدرب - الفوزان - 02/255 — archive.org (7:46)
The Arabic text is a machine transcription of the audio recording.