The Ruling on Hiding Documents Containing Rights Belonging to Others
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, I have old documents proving financial rights that people have against their cousins. If I produce them, it will lead to a dispute between the two groups. My question is: Is there any sin on me for hiding them and not informing them of their existence?
Answer:
If they request them, it is not permissible for you to conceal them. As for if they do not request them, you do not disclose them unless they ask for them. However, if you see that their right will be lost and they do not know that you have documents in your possession, you are required to inform them so that their right is not lost. This is similar to what has been mentioned to us previously regarding testimony: if a witness sees that the plaintiff’s right will be lost, and he has testimony in his possession which the plaintiff does not know about, he may disclose this and does not conceal the testimony. This is like concealing testimony. You see that his right is about to be lost, and you have a document proving it, and he is unaware of it, so you must inform him. You say, “I have a document for you; if you wish, I will give it to you.” You do not say, “Take it.” You say, “If you wish, it is with me.” Yes.
He says: Honorable Shaykh, may Allah grant you success, I have old documents proving financial rights that people have against their cousins. If I produce them, it will lead to a dispute between the two groups. My question is: Is there any sin on me for hiding them and not informing them of their existence?
Answer:
If they request them, it is not permissible for you to conceal them. As for if they do not request them, you do not disclose them unless they ask for them. However, if you see that their right will be lost and they do not know that you have documents in your possession, you are required to inform them so that their right is not lost. This is similar to what has been mentioned to us previously regarding testimony: if a witness sees that the plaintiff’s right will be lost, and he has testimony in his possession which the plaintiff does not know about, he may disclose this and does not conceal the testimony. This is like concealing testimony. You see that his right is about to be lost, and you have a document proving it, and he is unaware of it, so you must inform him. You say, “I have a document for you; if you wish, I will give it to you.” You do not say, “Take it.” You say, “If you wish, it is with me.” Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/141 شرح زاد المستقنع/ صالح الفوزان — youtube.com (41:56)
The Arabic text is a machine transcription of the audio recording.
