My brother borrowed money from me and said he would give me a profit on it without me stipulating it, so what is the ruling in that?
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The questioner : I have a brother who asked me to lend him money and to stipulate a fee for myself. Am I sinful for having given it to him?
The Shaykh : How does this brother make a living?
The questioner : My brother is a merchant.
The Shaykh : A merchant.
The questioner : He asked me for a sum of money and said, "I will give you [a return]." I told him, "You are asking me to give you money when I do not have it, and I do not stipulate [a return] because this falls under the scope of riba?"
The Shaykh : Is he rich or poor?
The questioner : No, he is middle-class.
The Shaykh : What do you mean by middle-class? There is no middle-class in Islam; one is either rich or poor.
The questioner : A poor person.
The Shaykh : Do you mean he is eligible to receive zakah?
The questioner : No, he is not eligible.
The Shaykh : How so? He is eligible, he is eligible, it is not obligatory upon him, may Allah guide you!
The questioner : No, he is not eligible to receive zakah.
The Shaykh : I am a man; either I am poor and zakah is permissible for me, or you are rich?
The questioner: Yes.
The Shaykh : Either zakah is permissible for me, or I am rich and you are poor, in which case zakah is obligatory upon me. So I am asking you: is zakah permissible for your brother, or is it obligatory upon him?
The questioner : It is obligatory upon him.
The Shaykh : Then he is rich.
The questioner: Yes.
The Shaykh: For sure?
The questioner : Yes, he is rich.
The Shaykh : Fine, now I will answer you. Now, do you want to give your brother money?
The questioner : I gave him a thousand or two thousand pounds!
The Shaykh : Did you actually give it to him?
The questioner : I actually gave it to him at his request, in exchange for him meeting his need and giving me a profit.
The Shaykh : It is not permissible.
The questioner : But it was not out of my own will or desire; that is, I did not do it out of my own wish, because I have money that is specifically mine. So I know the ruling: I should give it and stipulate my own profit. He was the one who stipulated it. I told him, "I do not want you to stipulate what you are able to give me?"
The Shaykh : All right, my brother, you did not accept the condition. Even if you had accepted it, the condition would be invalid. Listen, you did not accept the condition, and the condition, even if accepted, is invalid. But did he repay you?
The questioner : Yes, he will repay me.
The Shaykh : Will he repay you, or has he repaid you?
The questioner : He will repay me, because I have not [received it yet]!
The Shaykh : When he repays you, take only your principal. Peace be upon you!
The questioner : Goodbye, O Shaykh.
The Shaykh : Are you traveling?
The questioner : Perhaps, if Allah wills.
The Shaykh: When?
The questioner : It is not known; I might go to the hospital tomorrow, as I have treatment there.
The Shaykh : May Allah forgive you and make things easy for you. We entrust you to Allah regarding your religion, your trust, and the conclusion of your deeds. My greetings to everyone.
The questioner : Khalil from Iraq sends you his greetings.
The Shaykh : Khalil, what Allah willed!
The questioner : KhalilThe Shaykh : Khalil.
The Shaykh : What is the news?
The questioner : He is well, praise be to Allah. They all send you their greetings.
The Shaykh : And you, if you see him, convey my greetings to him.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : And I came to you with a very serious matter from Iraq.
The Shaykh : How?
The questioner : A matter from Iraq; they sent me from Iraq with a matter!
The Shaykh : A matter?
The questioner : But is it possible if you could give me an appointment!
The Shaykh : Call me on the phone!
The questioner : I do not know!
The Shaykh : No problem, the matter is easy.
The questioner : Our Shaykh, it is not possible, but what is it?
The Shaykh : How?
The questioner : What is the question we are answering?
The Shaykh : Call on the phone and we will answer you in detail.
The questioner : The phone number?
The Shaykh : Eight hundred ninety-five.
The questioner: Yes.
The Shaykh : No, ninety-five instead of two zeros; write ninety-five zero seven six.
The questioner : What time should I call you?
The Shaykh : After 'Isha' every night.
The questioner : After the 'Isha' prayer.
The questioner : He sends you his greetings.
The Shaykh : And upon you, and upon him, peace and the mercy and blessings of Allah.
The questioner: Peace be upon you.
The Shaykh: And peace be upon you. Welcome.
The questioner : From Saudi Arabia, in al-Madinah, a graduate of Shari'ah. He gave us that book the other day in the mosque!
The Shaykh : What is his name?
The questioner : Ali Muhammad Abasr, do you know him?
The Shaykh : About what?
The questioner : That he is a follower of Salman al-Oudah.
The Shaykh : Peace be upon you, welcome.
The Shaykh : How does this brother make a living?
The questioner : My brother is a merchant.
The Shaykh : A merchant.
The questioner : He asked me for a sum of money and said, "I will give you [a return]." I told him, "You are asking me to give you money when I do not have it, and I do not stipulate [a return] because this falls under the scope of riba?"
The Shaykh : Is he rich or poor?
The questioner : No, he is middle-class.
The Shaykh : What do you mean by middle-class? There is no middle-class in Islam; one is either rich or poor.
The questioner : A poor person.
The Shaykh : Do you mean he is eligible to receive zakah?
The questioner : No, he is not eligible.
The Shaykh : How so? He is eligible, he is eligible, it is not obligatory upon him, may Allah guide you!
The questioner : No, he is not eligible to receive zakah.
The Shaykh : I am a man; either I am poor and zakah is permissible for me, or you are rich?
The questioner: Yes.
The Shaykh : Either zakah is permissible for me, or I am rich and you are poor, in which case zakah is obligatory upon me. So I am asking you: is zakah permissible for your brother, or is it obligatory upon him?
The questioner : It is obligatory upon him.
The Shaykh : Then he is rich.
The questioner: Yes.
The Shaykh: For sure?
The questioner : Yes, he is rich.
The Shaykh : Fine, now I will answer you. Now, do you want to give your brother money?
The questioner : I gave him a thousand or two thousand pounds!
The Shaykh : Did you actually give it to him?
The questioner : I actually gave it to him at his request, in exchange for him meeting his need and giving me a profit.
The Shaykh : It is not permissible.
The questioner : But it was not out of my own will or desire; that is, I did not do it out of my own wish, because I have money that is specifically mine. So I know the ruling: I should give it and stipulate my own profit. He was the one who stipulated it. I told him, "I do not want you to stipulate what you are able to give me?"
The Shaykh : All right, my brother, you did not accept the condition. Even if you had accepted it, the condition would be invalid. Listen, you did not accept the condition, and the condition, even if accepted, is invalid. But did he repay you?
The questioner : Yes, he will repay me.
The Shaykh : Will he repay you, or has he repaid you?
The questioner : He will repay me, because I have not [received it yet]!
The Shaykh : When he repays you, take only your principal. Peace be upon you!
The questioner : Goodbye, O Shaykh.
The Shaykh : Are you traveling?
The questioner : Perhaps, if Allah wills.
The Shaykh: When?
The questioner : It is not known; I might go to the hospital tomorrow, as I have treatment there.
The Shaykh : May Allah forgive you and make things easy for you. We entrust you to Allah regarding your religion, your trust, and the conclusion of your deeds. My greetings to everyone.
The questioner : Khalil from Iraq sends you his greetings.
The Shaykh : Khalil, what Allah willed!
The questioner : KhalilThe Shaykh : Khalil.
The Shaykh : What is the news?
The questioner : He is well, praise be to Allah. They all send you their greetings.
The Shaykh : And you, if you see him, convey my greetings to him.
The questioner : May Allah reward you with good.
The Shaykh : And beware of that.
The questioner : And I came to you with a very serious matter from Iraq.
The Shaykh : How?
The questioner : A matter from Iraq; they sent me from Iraq with a matter!
The Shaykh : A matter?
The questioner : But is it possible if you could give me an appointment!
The Shaykh : Call me on the phone!
The questioner : I do not know!
The Shaykh : No problem, the matter is easy.
The questioner : Our Shaykh, it is not possible, but what is it?
The Shaykh : How?
The questioner : What is the question we are answering?
The Shaykh : Call on the phone and we will answer you in detail.
The questioner : The phone number?
The Shaykh : Eight hundred ninety-five.
The questioner: Yes.
The Shaykh : No, ninety-five instead of two zeros; write ninety-five zero seven six.
The questioner : What time should I call you?
The Shaykh : After 'Isha' every night.
The questioner : After the 'Isha' prayer.
The questioner : He sends you his greetings.
The Shaykh : And upon you, and upon him, peace and the mercy and blessings of Allah.
The questioner: Peace be upon you.
The Shaykh: And peace be upon you. Welcome.
The questioner : From Saudi Arabia, in al-Madinah, a graduate of Shari'ah. He gave us that book the other day in the mosque!
The Shaykh : What is his name?
The questioner : Ali Muhammad Abasr, do you know him?
The Shaykh : About what?
The questioner : That he is a follower of Salman al-Oudah.
The Shaykh : Peace be upon you, welcome.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.