What is the definition of bribery, when is it permissible to pay it, and what is its criterion?
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The questioner : May Allah reward you, O Shaykh. I have a question about bribery.
The Shaykh : Yes.
The questioner : I have a question about bribery.
The Shaykh : Bribery, yes.
The questioner : It has two aspects. The first aspect is: Is the definition of bribery limited to what is paid to establish a falsehood and nullify a right? The second aspect is: When is it permissible to take or pay a bribe?
The Shaykh : As for the first meaning, it has no meaning other than what you mentioned, which is paying money to nullify a right or establish a falsehood. As for when it is permissible to pay a bribe or when it is permissible to take it? If the meaning of bribery is the meaning we mentioned just now, then it is not permissible, neither to pay nor to take. However, if it is other than this meaning, the matter differs regarding the payer if he is in dire necessity. As for the taker, I do not imagine he can be in dire necessity. So, as for the taker, it is not permissible in any way. As for the payer, the dire necessity is considered; if it exists, it is permissible, otherwise it is not. As for the case where the money is paid to establish a right or nullify a falsehood, this is permissible for the payer and not permissible for the taker. Is that clear?
The questioner : It is clear, but what is this type called? Is it not bribery then?
The Shaykh : What?
The questioner : The last type, like what rulers do, for example, they prevent a right from an individual of the community, withholding it from him until he pays something. What is this called?
The Shaykh : This is, of course, not permissible. As for what it is called? It can be categorized as bribery for the receiver, because he took money without right. As for the one who paid it, he paid it with right. So, for the receiver, it is bribery; but for the payer, it is not. Because the operative cause differed between the payer and the receiver. This is the answer.
The questioner : Okay, what are the criteria for paying? I mean, often many people, when they encounter any obstacle, pay immediately, which encourages them to...?
The Shaykh : No, this is not permissible, because it is not permissible for any occasion. Rather, he must strive to reach his right through the lawful path that does not assist others in engaging in something unlawful. He must strive so that he does not cause the Muslim to fall into the prohibition we mentioned just now. So, immediate and impulsive payment is not permissible.
The Shaykh : Yes.
The questioner : I have a question about bribery.
The Shaykh : Bribery, yes.
The questioner : It has two aspects. The first aspect is: Is the definition of bribery limited to what is paid to establish a falsehood and nullify a right? The second aspect is: When is it permissible to take or pay a bribe?
The Shaykh : As for the first meaning, it has no meaning other than what you mentioned, which is paying money to nullify a right or establish a falsehood. As for when it is permissible to pay a bribe or when it is permissible to take it? If the meaning of bribery is the meaning we mentioned just now, then it is not permissible, neither to pay nor to take. However, if it is other than this meaning, the matter differs regarding the payer if he is in dire necessity. As for the taker, I do not imagine he can be in dire necessity. So, as for the taker, it is not permissible in any way. As for the payer, the dire necessity is considered; if it exists, it is permissible, otherwise it is not. As for the case where the money is paid to establish a right or nullify a falsehood, this is permissible for the payer and not permissible for the taker. Is that clear?
The questioner : It is clear, but what is this type called? Is it not bribery then?
The Shaykh : What?
The questioner : The last type, like what rulers do, for example, they prevent a right from an individual of the community, withholding it from him until he pays something. What is this called?
The Shaykh : This is, of course, not permissible. As for what it is called? It can be categorized as bribery for the receiver, because he took money without right. As for the one who paid it, he paid it with right. So, for the receiver, it is bribery; but for the payer, it is not. Because the operative cause differed between the payer and the receiver. This is the answer.
The questioner : Okay, what are the criteria for paying? I mean, often many people, when they encounter any obstacle, pay immediately, which encourages them to...?
The Shaykh : No, this is not permissible, because it is not permissible for any occasion. Rather, he must strive to reach his right through the lawful path that does not assist others in engaging in something unlawful. He must strive so that he does not cause the Muslim to fall into the prohibition we mentioned just now. So, immediate and impulsive payment is not permissible.
Source
www.al-albany.com
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