Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

The ruling on taking money in exchange for one's right when it is difficult to obtain it

Machine translationRead the Arabic original
Question:
Honorable Shaykh, a junior employee was given his manager's car. Yes. A junior employee. Yes. The manager gave him the car to repair it, so he repaired it, but the manager did not pay him the repair fee, delaying him. Then he ordered him again and gave him money for that. Yes. He ordered him again. Yes. And gave him money for that, but it did not need repair, so this employee took this amount. Is he concerned about that?

Answer:
This is if he has proof. If he has proof of the right he is owed, meaning he claims it, praise be to Allah, the courts are open, and the court will compel him to pay the right he owes, and he does not need to take from the money that was given to him. If he has proof, he should take him to court, and the court will compel him to pay the right he owes. But if he has no proof and he is certain that it appears to be his right, and this money that was given to him the second time is equal to the amount of his right, this is called the issue of seizing (al-dhufar). If a person is unable to obtain his right, if a person is unable to obtain his right and he finds money belonging to the one who wronged him, he takes the amount of his right. He takes it according to the Shari'ah. And the saying of the Messenger (peace and blessings be upon him)
Whoever finds his money with a man who has become bankrupt, he has the strongest right to itمن وجد ماله عند رجل قد أفلس فهو أحق به
Musannaf Ibn Abi Shaybah 12:136
. And his saying (peace and blessings be upon him) to Hind bint 'Utbah, the wife of Abu Sufyan, when she complained to him and said, "Abu Sufyan is a stingy man who does not give me what is sufficient for me and my child," he said (peace and blessings be upon him)
Take what is sufficient for you and your child, on a reasonable basis.خذي ما يكفيك وولدك بالمعروف
Sunan Ibn Majah 2293Sahih (Darussalam)
. This is called the issue of the lost item (al-dallal). If a person is unable to take his right from a person who displays wealth belonging to him, he is allowed to take the amount of his right.
Source شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، أبواب السلم والقرض والرهن — islamhouse.com (5:51)

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

Flag this fatwa