What does one do if he borrowed from the bank without riba (usury or interest), and when he wanted to repay the debt, an increase was demanded of him, and then he built a house with this money?
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The questioner : A person took out a loan on the basis that it was without riba (usury or interest), and after he built a house with it, meaning after he built a house with it and started paying it off, he learned...
The Shaykh : He started...?
The questioner : ...paying off the loan, and he learned that riba (usury or interest) had been added to it. So what does he do?
The Shaykh : How was it at first, that it was without riba (usury or interest)? How?
The questioner : We have some loans there, meaning at first the ruling appeared Islamic. So the loans there, at first, were without what they call...
The Shaykh : From the state or from the banks?
The questioner : From the state. We don't have banks, except the state. Meaning, all the banks belong to one pocket, and you know this pocket.
The Shaykh : Ah
The questioner : So, the state appeared to be Islamic, so it used to give loans without what they call interest, which is riba (usury or interest).
The Shaykh : No problem, but I want to understand this. For example, how many years ago was this?
Another questioner : Around 1975 and 1976.
The Shaykh : 1975 in the Christian calendar.
Another questioner : Yes.
The Shaykh : Meaning, thirty-five years.
Another questioner : No, fifteen.
The questioner : Seventeen years.
Another questioner : But it was around 1430, meaning in the Hijri calendar.
The Shaykh : Ah, who was the ruler at that time?
The questioner : It was the same ruler, the same tyrant.
The Shaykh : Ah, the same tyrant.
The questioner : Yes.
The Shaykh : How was this, then?
The questioner : At the beginning of his rule, he was trying to win people over to him. So he used to rule, meaning he did not rule by the Islamic Shari'ah, but by what appeared to them as ruling by the Islamic Shari'ah. For example, the apparent things, for instance, he did not fight the people praying in their homes. And we have some atheists there, even in our village. Meaning, we have some atheists. He put them in prison on the basis that, meaning, they conducted an investigation and a program on television, meaning, so people would see them, on the basis that they were atheists.
The Shaykh : To expose them, meaning.
The questioner : Yes, and they stayed for fifteen years, fifteen years, and then they were released in recent days. Of course, the Muslims remained in prison, and he released them after their faith had strengthened. All these things he did to show people that it is an Islamic state and that it calls to Islam and to the oneness of Allah (Glorified and Exalted is He).
The Shaykh : Yes, that is correct.
The questioner : Then, around the year 1975, he began to show his fangs openly because he had secured control of the rule. So, some people were taking loans, meaning, riba (usury or interest) was imposed on them after they had nearly finished paying off the entire loan. Meaning, it became clear to him, yes, it became clear to him that there was riba (usury or interest) in this loan, or it became apparent to him that there was riba (usury or interest) in this loan.
The Shaykh : Okay, did he borrow during the time of the good loan?
The questioner : Yes, yes, before riba (usury or interest) was imposed on the loan.
The Shaykh : He borrowed during that time.
The questioner : Yes.
The Shaykh : And it appears that the repayment was delayed.
The questioner : No, he pays in installments.
The Shaykh : He pays in installments.
The questioner : Yes.
The Shaykh : Okay, did the first installment have riba (usury or interest) in it?
The questioner : No, the first installment did not have riba (usury or interest). How, for example, they give you ten thousand dinars, you pay back, for example, twenty dinars every month. So you pay twenty, twenty, twenty. So when you have paid back the ten thousand entirely, meaning, they demand an increase on this amount on the pretext that it is a commission or something.
The Shaykh : Yes, if the borrowing was during the first period when they made the loan a good loan, then there is nothing on the borrower from whom the riba (usury or interest) was taken later, because this one from whom it was taken is in the same situation as the taxes imposed on all the peoples. So the important thing is that it is obligatory for the Muslim not to deal, by his own choice, in a transaction that is not lawful or in a riba (usury or interest) transaction by his own choice. But if something of that is imposed on him,[Al-Baqarah 2:286] then there is nothing wrong with this house that he built with this loan.
The questioner : May Allah reward you with good.
The Shaykh : He started...?
The questioner : ...paying off the loan, and he learned that riba (usury or interest) had been added to it. So what does he do?
The Shaykh : How was it at first, that it was without riba (usury or interest)? How?
The questioner : We have some loans there, meaning at first the ruling appeared Islamic. So the loans there, at first, were without what they call...
The Shaykh : From the state or from the banks?
The questioner : From the state. We don't have banks, except the state. Meaning, all the banks belong to one pocket, and you know this pocket.
The Shaykh : Ah
The questioner : So, the state appeared to be Islamic, so it used to give loans without what they call interest, which is riba (usury or interest).
The Shaykh : No problem, but I want to understand this. For example, how many years ago was this?
Another questioner : Around 1975 and 1976.
The Shaykh : 1975 in the Christian calendar.
Another questioner : Yes.
The Shaykh : Meaning, thirty-five years.
Another questioner : No, fifteen.
The questioner : Seventeen years.
Another questioner : But it was around 1430, meaning in the Hijri calendar.
The Shaykh : Ah, who was the ruler at that time?
The questioner : It was the same ruler, the same tyrant.
The Shaykh : Ah, the same tyrant.
The questioner : Yes.
The Shaykh : How was this, then?
The questioner : At the beginning of his rule, he was trying to win people over to him. So he used to rule, meaning he did not rule by the Islamic Shari'ah, but by what appeared to them as ruling by the Islamic Shari'ah. For example, the apparent things, for instance, he did not fight the people praying in their homes. And we have some atheists there, even in our village. Meaning, we have some atheists. He put them in prison on the basis that, meaning, they conducted an investigation and a program on television, meaning, so people would see them, on the basis that they were atheists.
The Shaykh : To expose them, meaning.
The questioner : Yes, and they stayed for fifteen years, fifteen years, and then they were released in recent days. Of course, the Muslims remained in prison, and he released them after their faith had strengthened. All these things he did to show people that it is an Islamic state and that it calls to Islam and to the oneness of Allah (Glorified and Exalted is He).
The Shaykh : Yes, that is correct.
The questioner : Then, around the year 1975, he began to show his fangs openly because he had secured control of the rule. So, some people were taking loans, meaning, riba (usury or interest) was imposed on them after they had nearly finished paying off the entire loan. Meaning, it became clear to him, yes, it became clear to him that there was riba (usury or interest) in this loan, or it became apparent to him that there was riba (usury or interest) in this loan.
The Shaykh : Okay, did he borrow during the time of the good loan?
The questioner : Yes, yes, before riba (usury or interest) was imposed on the loan.
The Shaykh : He borrowed during that time.
The questioner : Yes.
The Shaykh : And it appears that the repayment was delayed.
The questioner : No, he pays in installments.
The Shaykh : He pays in installments.
The questioner : Yes.
The Shaykh : Okay, did the first installment have riba (usury or interest) in it?
The questioner : No, the first installment did not have riba (usury or interest). How, for example, they give you ten thousand dinars, you pay back, for example, twenty dinars every month. So you pay twenty, twenty, twenty. So when you have paid back the ten thousand entirely, meaning, they demand an increase on this amount on the pretext that it is a commission or something.
The Shaykh : Yes, if the borrowing was during the first period when they made the loan a good loan, then there is nothing on the borrower from whom the riba (usury or interest) was taken later, because this one from whom it was taken is in the same situation as the taxes imposed on all the peoples. So the important thing is that it is obligatory for the Muslim not to deal, by his own choice, in a transaction that is not lawful or in a riba (usury or interest) transaction by his own choice. But if something of that is imposed on him,
Our Lord, do not impose blame upon us if we have forgotten or erred.
ربنا لا تآخذنا إن نسينا أو أخطأناThe questioner : May Allah reward you with good.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.