The first instance in which backbiting is permissible, which is the case of the wronged party.
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The Shaykh : The first of these is: "one who has been wronged"; one who has been wronged means one who has been oppressed. The oppressed person has the right to say, "So-and-so has wronged me," for what purpose? Because he has resorted to every possible means to obtain his right from that oppressor, but he did not succeed and did not prevail. As long as he remains, he does not publicize the matter among the people so that perhaps the oppressor will be moved a little and will present the right to this oppressed person. Therefore, the Messenger (peace and blessings be upon him) explicitly stated this ruling and this answer, saying: Sunan Ibn Majah 2427Hasan (Darussalam). "The delay of the one who has the means" means procrastination, as in another hadith: . The one who has the means is the rich person. "The delay of the one who has the means" means the procrastination of the one who has the means; that is, the rich person who finds what suffices to pay what he owes is considered by the wise Lawgiver to be committing injustice. So he (peace be upon him) said in the aforementioned hadith: Sunan Ibn Majah 2427Hasan (Darussalam). It is permissible to expose his reputation; it is permissible to attack him and criticize him. However, one should not say, for example, "So-and-so is a liar" if he is known to be truthful. One speaks... one attacks his reputation specifically regarding the aggression he commits against this oppressed person only. This is the meaning of Sunan Ibn Majah 2427Hasan (Darussalam).
. Who punishes him? The Muslim ruler. The Muslim ruler has the right to summon the oppressor who refuses to perform the right owed to this oppressed person, and he punishes him himself by flogging him five or ten times, according to what he sees as disciplinary action, so that he does not return to encroaching on the rights of people again. This hadith is explicit in permitting the backbiting of the oppressor, Sunan Ibn Majah 2427Hasan (Darussalam); meaning criticizing him, and his punishment by the ruler. So the first characteristic among what is excluded from forbidden backbiting is the oppressed person. "One who has been wronged" means he complains of his oppression to the people; he says, "So-and-so has wronged me." This ruling is not only based on the hadith, but also in the Noble Qur'an, where Allah (Blessed and Exalted is He) said: [An-Nisa 4:148]. One who has been wronged is permitted to speak out with harsh words regarding the one who wronged him. This is the first type excluded from forbidden backbiting: the one who has been wronged.
If one who can afford it delays repayment, his honor and punishment become permissible.
ليُّ الواجد يُحِلُّ عرضَه وعقوبَتَهThe delay of the rich is injustice
مطلُ الغنيِّ ظلمٌIf one who can afford it delays repayment, his honor and punishment become permissible.
ليُّ الواجد يحلُّ عرضَه وعقوبَتَهIf one who can afford it delays repayment, his honor
ليُّ الواجد يحلُّ عرضَهAnd his punishment.
وعقوبتَهIf one who can afford it delays repayment, his honor
ليُّ الواجد يحلُّ عرضَهAllah does not like the public mention of evil except by one who has been wronged
لَا يُحِبُّ اللَّهُ الْجَهْرَ بِالسُّوءِ مِنَ الْقَوْلِ إِلَّا مَنْ ظُلِمَ
Source
www.al-albany.com
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