What is the ruling of the Shari'ah, O honorable Shaykh, regarding a merchant who accumulates his wealth through an unlawful means? We ask for your guidance on this matter?
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The questioner : This is a message received from the listener Adam Ali Ibrahim from Sudan. He says in this question: What is the ruling of the Shari'ah, O honorable Shaykh, regarding a merchant who accumulates his wealth through an unlawful means? We ask for your guidance on this matter?
The Shaykh : If a person acquires his wealth through an unlawful means, it is obligatory for him to repent to Allah (Glorified and Exalted is He) from this action by which he acquires wealth through an unlawful means.
And the most severely forbidden of the means of earning is the acquisition of wealth through riba (usury or interest). Indeed, Allah (Glorified and Exalted is He) has magnified riba in His Book, and He said, Mighty and Majestic:[Al-Baqarah 2:278-279] He said: [Al-Baqarah 2:279]
And He said, Mighty and Majestic:[Al-Baqarah 2:275].
It is established from the Prophet (peace and blessings be upon him) that he cursed the one who eats riba, the one who gives it, its two witnesses, and its scribe. And he said: Riba occurs in specific types of wealth, not in all wealth. The Messenger of Allah (peace and blessings be upon him) specified them in his saying: Sahih Muslim 1587c So gold and silver, and what is of their meaning, are those in which there is riba. Likewise, the remaining four categories of edible, measured items are those in which there is riba, namely they and what resembles them in type. As for what is other than that, there is no riba in it. For this reason, it is permissible for a person to exchange a car for two cars, or a car for a car and dirhams, or a camel for two camels, or a sheep for two sheep, or the like of that in which there is no riba.
And among the forbidden earnings is for a person to acquire wealth by practicing the buying and selling of what is not permissible, such as trading in tobacco. Indeed, tobacco is forbidden due to the physical and financial harm in it. So if a person trades in it, his trade in it is forbidden, and his earnings from it are also haram (forbidden).
And among that is selling what is not permissible to sell, such as selling a dog or a pig or the like of that.
And among this is also trading in khamr (intoxicants), narcotics, and other things that Allah has forbidden. So whoever acquires something forbidden, it is upon him to repent to Allah from that and to extract from his wealth the amount of the haram (forbidden) earnings if he knows it. If he does not know it, he should estimate and extract what clears his conscience. Yes.
The Shaykh : If a person acquires his wealth through an unlawful means, it is obligatory for him to repent to Allah (Glorified and Exalted is He) from this action by which he acquires wealth through an unlawful means.
And the most severely forbidden of the means of earning is the acquisition of wealth through riba (usury or interest). Indeed, Allah (Glorified and Exalted is He) has magnified riba in His Book, and He said, Mighty and Majestic:
(278) O you who have believed, fear Allah and give up what remains [due to you] of interest, if you should be believers. (279) And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged.
يا أيها الذين ءامنوا اتقوا الله وذروا ما بقي من الربا إن كنتم مؤمنين فإن لم تفعلوا فأذنوا بحرب من الله ورسوله وإن تبتم فلكم رؤوس أموالكم لا تَظلِمون ولا تُظلَمونAnd if you do not, then be informed of a war [against you] from Allah and His Messenger
فإن لم تفعلوا فأذنوا بحرب من الله ورسولهAnd He said, Mighty and Majestic:
So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah. But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.
فمن جاءه موعظة من ربه فانتهى فله ما سلف ومن عاد فأولئك أصحاب النار هم فيها خالدونIt is established from the Prophet (peace and blessings be upon him) that he cursed the one who eats riba, the one who gives it, its two witnesses, and its scribe. And he said:
They are all the same.
هم سواءGold is to be paid for by gold, silver by silver, wheat by wheat, barley by barley, dates by dates, and salt by salt, like for like and equal for equal, payment being made hand to hand. If these classes differ, then sell as you wish
الذهب بالذهب والفضة بالفضة والبر بالبر والتمر بالتمر والشعير بالشعير والملح بالملح مثْلا بمثل سواء بسواء يدا بيد فإذا اختلفت هذه الأصناف فبيعوا كيف شئتمAnd among the forbidden earnings is for a person to acquire wealth by practicing the buying and selling of what is not permissible, such as trading in tobacco. Indeed, tobacco is forbidden due to the physical and financial harm in it. So if a person trades in it, his trade in it is forbidden, and his earnings from it are also haram (forbidden).
And among that is selling what is not permissible to sell, such as selling a dog or a pig or the like of that.
And among this is also trading in khamr (intoxicants), narcotics, and other things that Allah has forbidden. So whoever acquires something forbidden, it is upon him to repent to Allah from that and to extract from his wealth the amount of the haram (forbidden) earnings if he knows it. If he does not know it, he should estimate and extract what clears his conscience. Yes.