Compelling one of the parties in a settlement to provide some of the slaughtered animals or otherwise
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The first question of Fatwa number ( 16374 )
Q1: There are people who, when a dispute arises among them, rule that the one they consider to be in the wrong must pay a certain number of sheep. If he refuses, they say: You are not of the tribe. Some people have not been able to pay for those sheep, and circumstances force them to take out a loan. This is the ruling of the tribe's diviner according to old customs. Please inform us of the correctness or incorrectness of this matter.
A1:Sunan al-Bayhaqi 6:54 ,
And compelling one of the parties to provide some of the slaughtered animals or otherwise is not permissible except with his own good will and choice; because of His saying, the Exalted:[Al-Baqarah 2:188] , and the Prophet (peace and blessings be upon him) said: Sunan ad-Daraqutni 13:78 . And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q1: There are people who, when a dispute arises among them, rule that the one they consider to be in the wrong must pay a certain number of sheep. If he refuses, they say: You are not of the tribe. Some people have not been able to pay for those sheep, and circumstances force them to take out a loan. This is the ruling of the tribe's diviner according to old customs. Please inform us of the correctness or incorrectness of this matter.
A1:
Settlement is permissible among Muslims, except for a settlement that makes the forbidden lawful or the lawful forbidden
الصلح جائز بين المسلمين، إلا صلحًا أحل حرامًا أو حرم حلالاًAnd compelling one of the parties to provide some of the slaughtered animals or otherwise is not permissible except with his own good will and choice; because of His saying, the Exalted:
And do not consume one another's wealth unjustly
وَلاَ تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِThe wealth of a Muslim man is not lawful except by the willing consent of his soul
لا يحل مال امرئ مسلم إلا بطيبة من نفسه
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.
