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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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What is the definition of the bribe that the wise Lawgiver has forbidden?

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The questioner : I have another question regarding the topic known as bribery. I have read some fatwas that briefly state that giving a bribe is permissible if it does not cause harm or take the right of another person. Others say that bribery is forbidden because it was established by a general ruling that was not specified or given a specific cause for being forbidden in such and such a case, so it becomes permissible if such and such does not occur. Which of these two opinions is more correct?

The Shaykh : In my opinion, if we understand the meaning of the word "bribe" in the Arabic language as it came in the Prophetic hadith, we will take the answer with complete clarity and explicitness. Bribery is: giving money to nullify a right or to establish a falsehood. And the matter is concluded.

The questioner : This is the linguistic terminology.

The Shaykh : This is the linguistic meaning, and with this the Shari'ah came: "giving money to establish a falsehood or to nullify a right." With this, many problems are resolved. For example, how do we give an example? Before I bring to mind the example, I want to clarify the point of nullifying a right or establishing a falsehood. This happens frequently in what we hear. For instance, the state announces a competition, and there are people who come out as the first and have the right to it, and another person comes out as second or lower. If the winner is one person, he comes and bribes, saying, "There is nothing wrong with this, but I am more deserving." Who did he take the right of? The first person. And so on, in a much simpler way, if employees are working in the transactions department and proceeding according to the system on the surface. Sometimes this happens in the bread lines at certain times here in Syria, where they say, "The pusher comes and takes the priority." I tell you, "I did not harm anyone." How did you not harm anyone? The person whose number was ten became number eleven because you moved up, and you delayed all the group whose turn was ten, nine, and so on. This is an encroachment on others. But suppose a traffic police officer, you and he both know that you did not violate the system and the law, but he wants to reward you with this thing. Do you know this thing? It happens in our reality. Yes, it happens in our reality. If you give him one dinar instead of the five dinars he wants to impose on you unjustly, you have paid the greater evil with the lesser evil, and you did not bribe him because you did not establish a falsehood or nullify a right, but you removed an injustice from you, which is a false ruling, namely the five dinars he wants to impose on you. And the opposite is the opposite. If you violated the system and the system imposes on you that you pay the five dinars, and you know this, and you come and give him one dinar so that he overlooks the violation, this is bribery. Why? Because this is nullifying a right. Unless we exaggerate greatly, as some people do who are constrained by their thinking... They say, "These are laws by which Allah has not sent any authority." How can these laws be? If these laws did not exist, people would crush each other with cars and there would be severe disorder. The same is said about regulations and buildings and the like. If we note this linguistic meaning, all the problems end. Bribery is: giving money to nullify a right or to establish a falsehood. And at that point, Allah is sufficient for the believers in fighting.
Source www.al-albany.com

The Arabic text is copied verbatim from the original source, without any edits.

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