A person took a loan from another person to build a building and rent it out, and specified a percentage of the rent to give to this lender as a favor from him
Machine translationRead the Arabic original
The questioner: In the matter of yesterday's valid point, meaning it is outside the scope of the topic. Glory be to Allah, meaning its surface is clear, but when we delved into its depths, some issues arose. The question is as follows: a man requested, let us say, that he asked my brother Abu Ahmad for a sum of five thousand dinars. I said to Abu Ahmad, give me these five thousand, and I want to build on the roof of the house and rent it out so that I can benefit. Abu Ahmad said to me, "Welcome, it is five thousand dinars." So what did I say to Abu Ahmad? Out of affection and in the sense of honoring him as he honored me with the loan, I said to him, "O Abu Ahmad, I will give you one-third of the rent of this room. It will yield me one hundred dinars, so I will give you thirty dinars," aside from the matter of repaying the five thousand, which I must repay in one way or another. So in this case, is there a violation, a religious obstacle, a legal impediment?
The Shaykh: Of course, there is a violation, but the violation may manifest itself or may be mitigated after we clarify why he said this word.
The questioner: The offer was made in order to honor the owner of the loan.
The Shaykh: All right, if the promise of repayment comes and he does not honor him.
The questioner : Yes.
The Shaykh: What happens?
The questioner: This is the issue: the issue of honoring within one's ability.
The Shaykh: The issue is in your own heart, in the example you are talking about.
The questioner: Yes.
The Shaykh: But what happens to him himself?
The questioner: Yes, he must, as we mentioned yesterday to the questioners, that you must clarify.
The student: Peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The student: Let us ... the excess.
The Shaykh: No, it is not permissible, my brother, to say this for two reasons: a religious reason and a psychological reason. The religious reason is that before the debt is repaid, it is not permissible to give a gift to the creditor before the debt is repaid.
The questioner: Is this, my Shaykh, a jurisprudential opinion or a text?
The Shaykh: A text.
The questioner: A text, may Allah honor you.
The Shaykh: This is in the hadith of Salman.
The questioner: Do you remember it, my Shaykh?
The Shaykh: No, I do not remember it now.
The questioner: Do we not benefit that it is a text?
The Shaykh: Yes.
The questioner: ... its origin, my Shaykh.
The Shaykh: This is from the religious side. What about the psychological side? I hinted earlier that the soul, by its nature, loves good and loves money.
The questioner: Correct.
The Shaykh: As our Lord said in the Qur'an:[Al-'Adiyat 100:8] And as it came in the authentic hadith that Allah (Mighty and Majestic) sent down locusts of gold upon Ayyub, and he began to scoop them up. He said to him, "O Ayyub, do you also love money?" He said, "O Lord, who among us is free from Your bounty?"
The student : Hahaha, Allahu Akbar!
The Shaykh: It is the nature of humans. The perfect human, as he (peace be upon him) said to 'Umar: So when you hear from me in advance that I will give you this much, your soul becomes attached to this giving.
The student: Glory be to Allah!
The Shaykh: Your soul becomes attached to this giving, and the years that we agreed upon for repayment pass, and when you repay, and you do not add a single qirsh, then here your soul turns against me.
The questioner : Glory be to Allah.
The Shaykh: Whereas giving and lending are among the proofs of the connection of hearts to one another, and that giving from him to you or from you to him was based on the principle of[Al-Insan 76:9], so when you make him covet it, it is like the one for whom food is prepared and his saliva flows.
The questioner: Yes.
The Shaykh: Whereas when it is not present, his saliva does not flow; therefore, the Shari'ah and reason require that this door not be opened.
The questioner: Allah is the Greatest!
The Shaykh: Rather, let the conclusion of the repayment be, my brother, you gave me five thousand, it is five thousand and one hundred, and may Allah reward you with good. No, I do not want it, my brother, this is a gift.
The questioner: Yes.
The Shaykh: And this is as he (peace be upon him) said: This is the answer to the question.
The questioner: How great is the Shari'ah, my Shaykh! How great is the Shari'ah! But my Shaykh, perhaps you remember the truth, because this hadith is the hadith of Salman, so that we may take its text, because the matter is important to me.
The Shaykh: This is found in the fatwas of Ibn Taymiyyah ... from an old reading.
The questioner: Yes.
The Shaykh: Either in the Al-Khiyarat al-'Ilmiyyah.
The questioner: The part which is.
The Shaykh : Hmm.
The questioner: I say the part, Al-Khiyarat.
The Shaykh: The part.
The questioner: Yes.
The Shaykh: Yes, or in the Egyptian fatwas, the five-volume set.
The questioner: Okay, my Shaykh.
Another questioner: Our Shaykh, regarding the Yemeni brothers who came last time, these are a group of our brother Muqbil.
The Shaykh: Of course, there is a violation, but the violation may manifest itself or may be mitigated after we clarify why he said this word.
The questioner: The offer was made in order to honor the owner of the loan.
The Shaykh: All right, if the promise of repayment comes and he does not honor him.
The questioner : Yes.
The Shaykh: What happens?
The questioner: This is the issue: the issue of honoring within one's ability.
The Shaykh: The issue is in your own heart, in the example you are talking about.
The questioner: Yes.
The Shaykh: But what happens to him himself?
The questioner: Yes, he must, as we mentioned yesterday to the questioners, that you must clarify.
The student: Peace be upon you.
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The student: Let us ... the excess.
The Shaykh: No, it is not permissible, my brother, to say this for two reasons: a religious reason and a psychological reason. The religious reason is that before the debt is repaid, it is not permissible to give a gift to the creditor before the debt is repaid.
The questioner: Is this, my Shaykh, a jurisprudential opinion or a text?
The Shaykh: A text.
The questioner: A text, may Allah honor you.
The Shaykh: This is in the hadith of Salman.
The questioner: Do you remember it, my Shaykh?
The Shaykh: No, I do not remember it now.
The questioner: Do we not benefit that it is a text?
The Shaykh: Yes.
The questioner: ... its origin, my Shaykh.
The Shaykh: This is from the religious side. What about the psychological side? I hinted earlier that the soul, by its nature, loves good and loves money.
The questioner: Correct.
The Shaykh: As our Lord said in the Qur'an:
And indeed he is, in love of wealth, intense.
وَإِنَّهُ لِحُبِّ الْخَيْرِ لَشَدِيدٌThe student : Hahaha, Allahu Akbar!
The Shaykh: It is the nature of humans. The perfect human, as he (peace be upon him) said to 'Umar:
O 'Umar, whatever wealth Allah has given you and your soul is not eager for it, take it and accumulate it; for it is only a provision that Allah has sent to you
يا عمر ، ما آتاك الله من مالٍ ونفسُك غيرُ مشرفَةٍ إليه فخُذْه وتموَّلْه ؛ فإنما هو رزق ساقَه اللهُ إليكThe student: Glory be to Allah!
The Shaykh: Your soul becomes attached to this giving, and the years that we agreed upon for repayment pass, and when you repay, and you do not add a single qirsh, then here your soul turns against me.
The questioner : Glory be to Allah.
The Shaykh: Whereas giving and lending are among the proofs of the connection of hearts to one another, and that giving from him to you or from you to him was based on the principle of
We wish not from you reward or gratitude.
لَا نُرِيدُ مِنْكُمْ جَزَاءً وَلَا شُكُورًاThe questioner: Yes.
The Shaykh: Whereas when it is not present, his saliva does not flow; therefore, the Shari'ah and reason require that this door not be opened.
The questioner: Allah is the Greatest!
The Shaykh: Rather, let the conclusion of the repayment be, my brother, you gave me five thousand, it is five thousand and one hundred, and may Allah reward you with good. No, I do not want it, my brother, this is a gift.
The questioner: Yes.
The Shaykh: And this is as he (peace be upon him) said:
The best of you is the best of you in repaying debts, and I am the best of you in repaying debts.
خيركم خيركم قضاءً ، وأنا خيركم قضاءًThe questioner: How great is the Shari'ah, my Shaykh! How great is the Shari'ah! But my Shaykh, perhaps you remember the truth, because this hadith is the hadith of Salman, so that we may take its text, because the matter is important to me.
The Shaykh: This is found in the fatwas of Ibn Taymiyyah ... from an old reading.
The questioner: Yes.
The Shaykh: Either in the Al-Khiyarat al-'Ilmiyyah.
The questioner: The part which is.
The Shaykh : Hmm.
The questioner: I say the part, Al-Khiyarat.
The Shaykh: The part.
The questioner: Yes.
The Shaykh: Yes, or in the Egyptian fatwas, the five-volume set.
The questioner: Okay, my Shaykh.
Another questioner: Our Shaykh, regarding the Yemeni brothers who came last time, these are a group of our brother Muqbil.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.