The Difference Between Riba and Bribery
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The first question of Fatwa No. ( 9374 )
Q1: What is the difference between riba (usury or interest) and a bribe, and did Islam condemn bribery, and what is its ruling in Islam?
A1: First: Riba means in language: increase, and it is two types in the Shari'ah: riba al-fadl (usury of excess in a like-for-like exchange) and riba al-nasi'ah (usury of deferment). Riba al-fadl is: selling a measured food item for a measured food item of the same type, with an increase in one of the two exchanges, and selling a weighed item for a weighed item of the same type, with an increase in one of the two exchanges, such as gold for gold, or silver for silver, with an increase in one of the two exchanges. And riba al-nasi'ah is: selling a measured food item for a measured food item, without the exchange of possession in the contract session, whether the type of the two exchanges is the same or different, and selling a weighed item for a weighed item of gold or silver or paper currency that serves as their substitute, without possession in the contract session, whether the type is the same or different. Second: A fatwa has been issued by us regarding bribery, and this is its text: Q: We agreed on a salary, regardless of whether it is small or a loss, but we accepted it, or agreed to it, and we were surprised after working that the owners of goods and the visitors, or those who represent them in receiving the goods, pay an amount of riyals, of the (5) five riyals, (10) ten riyals denomination, and these amounts were paid to us in three ways:
1 - Money we take after the completion of the visitor's needs in the best way, willingly and without delay or forgery or increase or decrease, or favoring one person over another. 2 - Money we take by direct request, or by hinting, or by any other means from which it is understood that we want something. 3 - Money we take as a result of the end of our official scheduled work, and here is an example of that: Our work ends at nine in the evening, and there are still visitors and owners of goods who want to disburse their goods, so some of them say: I want you to sit with me so that I can disburse my goods, and I will charge you for the time you delayed with me; so that I do not suffer harm as a result of delaying the disbursement of these goods and their remaining until the next day, knowing that the office we work for has no objection or complaint about our delay with the visitors. A: Taking money while you are an employee in a government or private center after the completion of the visitors' needs is not permissible; because it is from consuming wealth unjustly. It is established in the authentic hadith that he agreed upon by al-Bukhari and Muslim. As for taking money by direct request, or by hinting and the like, this is from seeking bribery, and the Prophet (peace and blessings be upon him) cursed the one who gives the bribe, the one who takes the bribe, and the one who goes between them. As for taking money in exchange for delaying with the visitors to complete their transactions, the work is not tied to you, nor to the visitor, but is tied to the responsible party, the official entity, and the relevant entity has employed you as a worker with a known wage, so you do not have the right to take an amount of money from the visitor himself in exchange for your delay with the visitors, and you may request from the responsible parties additional work to complete the visitors' transactions. And with this it becomes clear that the three sources, through which you take money, are prohibited sources, so the money coming through them is haram (forbidden), so it is obligatory to get rid of this money by returning it, or by giving it in charity to the poor, or spending it in some charitable projects. End of quote.
Q1: What is the difference between riba (usury or interest) and a bribe, and did Islam condemn bribery, and what is its ruling in Islam?
A1: First: Riba means in language: increase, and it is two types in the Shari'ah: riba al-fadl (usury of excess in a like-for-like exchange) and riba al-nasi'ah (usury of deferment). Riba al-fadl is: selling a measured food item for a measured food item of the same type, with an increase in one of the two exchanges, and selling a weighed item for a weighed item of the same type, with an increase in one of the two exchanges, such as gold for gold, or silver for silver, with an increase in one of the two exchanges. And riba al-nasi'ah is: selling a measured food item for a measured food item, without the exchange of possession in the contract session, whether the type of the two exchanges is the same or different, and selling a weighed item for a weighed item of gold or silver or paper currency that serves as their substitute, without possession in the contract session, whether the type is the same or different. Second: A fatwa has been issued by us regarding bribery, and this is its text: Q: We agreed on a salary, regardless of whether it is small or a loss, but we accepted it, or agreed to it, and we were surprised after working that the owners of goods and the visitors, or those who represent them in receiving the goods, pay an amount of riyals, of the (5) five riyals, (10) ten riyals denomination, and these amounts were paid to us in three ways:
1 - Money we take after the completion of the visitor's needs in the best way, willingly and without delay or forgery or increase or decrease, or favoring one person over another. 2 - Money we take by direct request, or by hinting, or by any other means from which it is understood that we want something. 3 - Money we take as a result of the end of our official scheduled work, and here is an example of that: Our work ends at nine in the evening, and there are still visitors and owners of goods who want to disburse their goods, so some of them say: I want you to sit with me so that I can disburse my goods, and I will charge you for the time you delayed with me; so that I do not suffer harm as a result of delaying the disbursement of these goods and their remaining until the next day, knowing that the office we work for has no objection or complaint about our delay with the visitors. A: Taking money while you are an employee in a government or private center after the completion of the visitors' needs is not permissible; because it is from consuming wealth unjustly. It is established in the authentic hadith that he
When Ibn al-Lutbiyyah came to the Prophet (peace and blessings be upon him), and he had appointed him as a collector of alms, he said: This is for you, and this is a gift given to me. So the Prophet (peace and blessings be upon him) stood up, praised Allah and gave Him thanks, then said: As for after: I appoint a man from you to a task, from what Allah has entrusted me, and he comes and says: This is for you, and this is a gift given to me. Should he not sit in his father's and mother's house until his gift comes to him, if he is truthful? By Allah, no one of you will take something without his right, except that he will meet Allah carrying it on the Day of Resurrection, so I will not know anyone of you who meets Allah carrying a camel with a lowing, or a cow with a mooing, or a sheep with a bleating. Then he raised his hands until the whiteness of his armpits was seen, saying: O Allah, have I conveyed?
لما قدم ابن اللتبية على النبي صلى الله عليه وسلم، وقد بعثه عاملاً على الصدقات، فقال: هذا لكم، وهذا أهدي إلي، فقام النبي صلى الله عليه وسلم، فحمد الله وأثنى عليه، ثم قال: أما بعد: فإني أستعمل الرجل منكم على العمل، مما ولاني الله، فيأتي فيقول: هذا لكم، وهذا هدية أهديت إلي، أفلا جلس في بيت أبيه وأمه حتى تأتيه هديته إن كان صادقًا؟ والله لا يأخذ أحد منكم شيئًا بغير حقه، إلا لقي الله يحمله يوم القيامة، فلا أعرفن أحدًا منكم لقي الله يحمل بعيرًا له رغاء، أو بقرة لها خوار، أو شاة تيعر، ثم رفع يديه حتى رئي بياض إبطيه، يقول: اللهم هل بلغت؟
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.