Paying money to an employee to obtain one's right
Machine translationRead the Arabic original
Question:
Honorable Shaykh! Some scholars say that if you cannot obtain your right except by paying money to the employee, then it is permissible, and paying it is permissible for you, while taking it from you is forbidden for you. Is this statement correct?
Answer:
It is not correct. There is a problem with this, because it opens the door to bribery. It opens the door to bribery, so it is not permissible. However, you should complain to the authority, the authority that has control over him, and they will be just to you regarding him, or dismiss him from this job and replace him with someone better. As for saying, "You have a right, so pay the bribe in order to obtain your right," this means we have opened the door to bribery and made it easy for employees to take it. This action is not permissible because of the harm that results from it.
Honorable Shaykh! Some scholars say that if you cannot obtain your right except by paying money to the employee, then it is permissible, and paying it is permissible for you, while taking it from you is forbidden for you. Is this statement correct?
Answer:
It is not correct. There is a problem with this, because it opens the door to bribery. It opens the door to bribery, so it is not permissible. However, you should complain to the authority, the authority that has control over him, and they will be just to you regarding him, or dismiss him from this job and replace him with someone better. As for saying, "You have a right, so pay the bribe in order to obtain your right," this means we have opened the door to bribery and made it easy for employees to take it. This action is not permissible because of the harm that results from it.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب الرخصة في العرايا وبيع الأصول والثمار — islamhouse.com (36:40)
The Arabic text is a machine transcription of the audio recording.