The gift given to a man with whom you have a transaction: what is the ruling on accepting this gift, and there is a hadith, "Give gifts to one another and you will love one another"?
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The questioner : The listener, O honorable Shaykh, asks about the gift given to a man with whom you have a transaction: what is the ruling on accepting this gift? And there is a hadith: "Give gifts to one another and you will love one another". We ask for your guidance on this?
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
A gift undoubtedly brings affection, love, and kinship among people, and this is a matter witnessed by reality. However, if it entails a harm greater than its benefit, then the legal principle requires that it be forbidden. Do you not see His saying, the Exalted:[Al-Baqarah 2:219] And since their sin is greater than their benefit, Allah the Mighty and Majestic forbade them.
So if a gift entails a prohibition, it becomes forbidden. For example, if you give a gift to a person who is an employee of the state and is obligated to perform that service, and you give him the gift so that he performs the work he is required to do by virtue of his position, then the gift here is forbidden, because accepting the gift is forbidden, and whatever is a cause for the forbidden is itself forbidden. In the authentic hadith, the Prophet (peace and blessings be upon him) sent 'Abdullah ibn al-Lutbiyyah as a collector of alms. When he returned, he said, "This is for you, and this was given to me as a gift." The Prophet (peace and blessings be upon him) disapproved of that and said:. It is also narrated from the Prophet (peace and blessings be upon him) that he said: . Therefore, it is not permissible for anyone in a state position to accept a gift from someone with whom he has a transaction, because that is similar to a bribe. In fact, it is a bribe, because the giver only gave the gift to reach his right, which the recipient is obligated to fulfill.
In summary, it is obligatory for anyone in a position of responsibility to fear Allah the Exalted in himself and to perform his duty in the manner that clears his conscience. He must not withhold people's rights in order to force them to give him money. This is from the perspective of the recipient. As for the giver, it is not permissible for him to give a gift to anyone in a position of responsibility in order to get him to do what is required of him.
Yes, if it is assumed that your right cannot be extracted except by something, then we may say that there is no blame on you, because you are seeking to rescue your right. However, the blame and sin are on the taker. Yes.
The Shaykh : Praise be to Allah, Lord of the worlds, and I send prayers and peace upon our Prophet Muhammad, and upon his family and all his Companions.
A gift undoubtedly brings affection, love, and kinship among people, and this is a matter witnessed by reality. However, if it entails a harm greater than its benefit, then the legal principle requires that it be forbidden. Do you not see His saying, the Exalted:
They ask you about wine and gambling. Say, "In them is great sin and [yet, some] benefit for people. But their sin is greater than their benefit."
يسألونك عن الخمر والميسر قل فيهما إثم كبير ومنافع للناس وإثمهما أكبر من نفعهماSo if a gift entails a prohibition, it becomes forbidden. For example, if you give a gift to a person who is an employee of the state and is obligated to perform that service, and you give him the gift so that he performs the work he is required to do by virtue of his position, then the gift here is forbidden, because accepting the gift is forbidden, and whatever is a cause for the forbidden is itself forbidden. In the authentic hadith, the Prophet (peace and blessings be upon him) sent 'Abdullah ibn al-Lutbiyyah as a collector of alms. When he returned, he said, "This is for you, and this was given to me as a gift." The Prophet (peace and blessings be upon him) disapproved of that and said:
Why did he not sit in his father's and mother's house and see whether he would be given a gift or not?
هلا جلس في بيت أبيه وأمه فينظر هل يهدى إليه أم لاThe gifts of workers are embezzlement
هدايا العمال غلولIn summary, it is obligatory for anyone in a position of responsibility to fear Allah the Exalted in himself and to perform his duty in the manner that clears his conscience. He must not withhold people's rights in order to force them to give him money. This is from the perspective of the recipient. As for the giver, it is not permissible for him to give a gift to anyone in a position of responsibility in order to get him to do what is required of him.
Yes, if it is assumed that your right cannot be extracted except by something, then we may say that there is no blame on you, because you are seeking to rescue your right. However, the blame and sin are on the taker. Yes.