Regarding the real estate bank, he says: I borrowed from the real estate bank and they built me a residence, and I saw that I could borrow in my son's name so that we would have more than one house.
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The questioner : I borrowed from the real estate bank and they built me a residence, and I saw that I could borrow in my son's name so that we would have more than one house to benefit from its rental income, knowing that these residences will be for my children after me. Is that permissible for me or not? Please inform us, may Allah guide you? In fact, we ask you to elaborate on the matter of borrowing a name or agency, which is not correct?
The Shaykh : We are deeply saddened that Muslims fall into this great greed for accumulating worldly wealth while they read the saying of Allah, Mighty and Majestic:[Al-Hashr 59:9] This general, comprehensive issue indicates, by its explicit wording, that success is attained by the one whom Allah protects from the stinginess of his soul, and it indicates, by its implied meaning, that loss is attained by the one who is not protected from the stinginess of his soul. This is the reality.
The questioner : Yes.
The Shaykh : This is supported by the saying of the Prophet (peace and blessings be upon him): "Wretched" means perished and lost.
The questioner : Yes.
The Shaykh : These are the ones who worshipped the world and wanted to obtain it by any means, whether that means was lying and deception or truth and clarity. That is, they do not care; the important thing is that the money falls into their hands. By Allah, these people have lost both this world and the Hereafter.
The questioner : We seek refuge in Allah.
The Shaykh : Because they cannot make the money immortal, nor can the money be made immortal for them, and they do not know when they will depart from it. Perhaps they will rise in the morning and not reach the evening, or reach the evening and not rise in the morning. Then they will bear the loss in gathering this money, and those after them will bear the gain. They bear the disgrace, and others bear the fruits.
The questioner : Yes.
The Shaykh : It is obligatory for the Muslim to fear Allah, Glorified and Exalted, in his transactions and to deal with truth and clarity. This transaction mentioned by the questioner combines two things: lying and deceiving the officials. As for the lying, he made it in his son's name while it is for him, and this is a lie. What belongs to him does not belong to his son, and who knows? Perhaps his son will die before him, and his wealth will go to the people farthest from his residuary heirs. Then, even if the father dies before him, there may be causes that prevent the son from inheriting, such as if he commits apostasy, may Allah protect us from that. Although apostasy is a great matter, unfortunately, in the present time, it has become common, and people are not aware of it. One of the categories of apostasy is abandoning prayer. Whoever abandons prayer is a disbeliever, a disbeliever whose disbelief takes him out of the religion.
The questioner : We seek refuge in Allah.
The Shaykh : If one of his heirs dies while he is abandoning prayer, then this one who abandons prayer does not inherit anything from his wealth, and not a single dirham of it is lawful for him, based on the saying of the Prophet (peace and blessings be upon him) in the hadith of Usamah, which is established in the two Sahihs:Sunan Abi Dawud 2909Sahih (Al-Albani).
The questioner : Yes.
The Shaykh : So who knows? Perhaps this son who remains after him will not inherit from him, either due to his apostasy by abandoning prayer or otherwise. Even mocking the religion is also one of the causes of apostasy. Those who mock the religion, whether in its foundation or in some of its established branches, are apostates and disbelievers.
The questioner : Yes.
The Shaykh : Allah, the Exalted, said:[At-Tawbah 9:65-66] Or perhaps he will not inherit from him for a reason other than this, such as if the son kills him by mistake, for example, if he is with him in a car and the son is the one driving the car.
The questioner : Yes.
The Shaykh : Then an accident occurs due to the son, due to his negligence or transgression, and the father dies. In this case, the son does not inherit anything from his father, according to the well-known position of the Hanbali school of jurisprudence.
The questioner : Yes.
The Shaykh : And the stronger opinion is that he inherits from his father everything except the blood money. He inherits from his father's wealth everything except the blood money that he will hand over to the rest of the heirs.
The important point is that the statement of the questioner, that this house will return to his son after him, is not a certainty. It may not return to his son after him for the reasons we have mentioned.
The questioner : Yes.
The Shaykh : This is one of the two prohibitions in this transaction, where he submitted the request in his son's name while it is for him, and this is lying.
The questioner : It also applies to the wife and...
The Shaykh : It applies to everyone.
The questioner : Yes.
The Shaykh : The second prohibition is deceiving the state, which cares for the interests of the people. In truth, I ask Allah, the Exalted, to help the state and its officials against the deception, lying, and false accusations of some people. We are asked about such matters very often, in the real estate bank, as well as in the agricultural loan bank and others.
The questioner : Yes.
The Shaykh : A lot happens from this, and they justify these forbidden acts with trivial excuses that are nothing but as Iblis said about himself:[Al-A'raf 7:12].
The questioner : Yes.
The Shaykh : Excuses that do not justify what they did, because it is lying and deception. Deceiving the state, misleading it, and presenting a picture to it that is contrary to the reality is a forbidden matter. These are two prohibitions: lying and deception, and they are two of the characteristics of the hypocrites, as stated in the hadith from the Messenger of Allah (peace and blessings be upon him).
The questioner : (peace and blessings be upon him).
The Shaykh : So it is not permissible for him to do such a thing, neither with his son nor with a stranger. As we hear, some people who benefited from the real estate bank buy land for themselves, then they go to a person and borrow his name, for a fee or without a fee, then they write the land in his name falsely and falsely. Then they go to the bank and present the deed to them in the name of this man whose name was borrowed falsely and falsely. And of course, the bank owners do not know the unseen.
The questioner : Yes.
The Shaykh : They proceed based on what is presented to them, and the harm and corruption that result from this are known. What we advise our Muslim brothers is to fear Allah, Glorified and Exalted, in their transactions and to follow in them what Allah, Blessed and Exalted, has prescribed for them in His Book or on the tongue of His Messenger (peace and blessings be upon him), because that is the good and the right.
The questioner : Yes.
The Shaykh : And just as Allah, Glorified and Exalted, is the legislator for acts of worship, so no one approaches Allah except with what Allah has prescribed, and Allah does not accept from anyone any act of worship other than what He has prescribed.
The questioner : Yes.
The Shaykh : So likewise, it is obligatory for them to proceed in their transactions according to what Allah has prescribed for them, because He, Glorified and Exalted, is more knowledgeable about their interests and more knowledgeable about what benefits their society, and He is the most wise in what He has prescribed. Allah, the Exalted, does not legislate for His servants a prohibition or an obligation except what is in their interest, because He is rich in respect of them, whether they believe or disbelieve.
The questioner : Yes.
The Shaykh : But for the sake of their interests, He legislates for them rulings in acts of worship and transactions, and He encourages and motivates them to fear Him, Glorified and Exalted, in these matters:[Ali 'Imran 3:130-132] You will find that when Allah, Glorified and Exalted, prescribes a path for His servants in transactions, He commands them to fear Him.
The questioner : Yes.
The Shaykh : Whether that is in wealth or in rights, and read His saying, the Exalted:[At-Talaq 65:1] to the end of it.
The questioner : Yes.
The Shaykh : Yes.
The questioner : That it is not permissible for a person to borrow in the name of his son or his wife, using a borrowed name, while he intends to build for himself personally.
The Shaykh : Yes.
The Shaykh : We are deeply saddened that Muslims fall into this great greed for accumulating worldly wealth while they read the saying of Allah, Mighty and Majestic:
And whoever is protected from the stinginess of his soul - it is those who will be the successful.
ومن يوق شح نفسه فأولئك هم المفلحونThe questioner : Yes.
The Shaykh : This is supported by the saying of the Prophet (peace and blessings be upon him):
Wretched is the slave of the dinar, wretched is the slave of the dirham, wretched is the slave of the khumayseh, wretched is the slave of the khumaylah.
تعس عبد الدينار، تعس عبد الدرهم، تعس عبد الخميصة، تعس عبد الخميلةThe questioner : Yes.
The Shaykh : These are the ones who worshipped the world and wanted to obtain it by any means, whether that means was lying and deception or truth and clarity. That is, they do not care; the important thing is that the money falls into their hands. By Allah, these people have lost both this world and the Hereafter.
The questioner : We seek refuge in Allah.
The Shaykh : Because they cannot make the money immortal, nor can the money be made immortal for them, and they do not know when they will depart from it. Perhaps they will rise in the morning and not reach the evening, or reach the evening and not rise in the morning. Then they will bear the loss in gathering this money, and those after them will bear the gain. They bear the disgrace, and others bear the fruits.
The questioner : Yes.
The Shaykh : It is obligatory for the Muslim to fear Allah, Glorified and Exalted, in his transactions and to deal with truth and clarity. This transaction mentioned by the questioner combines two things: lying and deceiving the officials. As for the lying, he made it in his son's name while it is for him, and this is a lie. What belongs to him does not belong to his son, and who knows? Perhaps his son will die before him, and his wealth will go to the people farthest from his residuary heirs. Then, even if the father dies before him, there may be causes that prevent the son from inheriting, such as if he commits apostasy, may Allah protect us from that. Although apostasy is a great matter, unfortunately, in the present time, it has become common, and people are not aware of it. One of the categories of apostasy is abandoning prayer. Whoever abandons prayer is a disbeliever, a disbeliever whose disbelief takes him out of the religion.
The questioner : We seek refuge in Allah.
The Shaykh : If one of his heirs dies while he is abandoning prayer, then this one who abandons prayer does not inherit anything from his wealth, and not a single dirham of it is lawful for him, based on the saying of the Prophet (peace and blessings be upon him) in the hadith of Usamah, which is established in the two Sahihs:
A Muslim may not inherit from an infidel nor an infidel from a Muslim.
لا يرث المسلم الكافر ولا الكافر المسلمThe questioner : Yes.
The Shaykh : So who knows? Perhaps this son who remains after him will not inherit from him, either due to his apostasy by abandoning prayer or otherwise. Even mocking the religion is also one of the causes of apostasy. Those who mock the religion, whether in its foundation or in some of its established branches, are apostates and disbelievers.
The questioner : Yes.
The Shaykh : Allah, the Exalted, said:
(65) And if you ask them, they will surely say, "We were only conversing and playing." Say, "Is it Allah and His verses and His Messenger that you were mocking?" (66) Make no excuse; you have disbelieved after your belief. If We pardon one faction of you - We will punish another faction because they were criminals.
قل أبالله وءاياته ورسوله كنتم تستهزئون لا تعتذروا قد كفرتم بعد إيمانكمThe questioner : Yes.
The Shaykh : Then an accident occurs due to the son, due to his negligence or transgression, and the father dies. In this case, the son does not inherit anything from his father, according to the well-known position of the Hanbali school of jurisprudence.
The questioner : Yes.
The Shaykh : And the stronger opinion is that he inherits from his father everything except the blood money. He inherits from his father's wealth everything except the blood money that he will hand over to the rest of the heirs.
The important point is that the statement of the questioner, that this house will return to his son after him, is not a certainty. It may not return to his son after him for the reasons we have mentioned.
The questioner : Yes.
The Shaykh : This is one of the two prohibitions in this transaction, where he submitted the request in his son's name while it is for him, and this is lying.
The questioner : It also applies to the wife and...
The Shaykh : It applies to everyone.
The questioner : Yes.
The Shaykh : The second prohibition is deceiving the state, which cares for the interests of the people. In truth, I ask Allah, the Exalted, to help the state and its officials against the deception, lying, and false accusations of some people. We are asked about such matters very often, in the real estate bank, as well as in the agricultural loan bank and others.
The questioner : Yes.
The Shaykh : A lot happens from this, and they justify these forbidden acts with trivial excuses that are nothing but as Iblis said about himself:
I am better than him. You created me from fire and created him from clay."
أنا خير منه خلقتني من نار وخلقته من طينThe questioner : Yes.
The Shaykh : Excuses that do not justify what they did, because it is lying and deception. Deceiving the state, misleading it, and presenting a picture to it that is contrary to the reality is a forbidden matter. These are two prohibitions: lying and deception, and they are two of the characteristics of the hypocrites, as stated in the hadith from the Messenger of Allah (peace and blessings be upon him).
The questioner : (peace and blessings be upon him).
The Shaykh : So it is not permissible for him to do such a thing, neither with his son nor with a stranger. As we hear, some people who benefited from the real estate bank buy land for themselves, then they go to a person and borrow his name, for a fee or without a fee, then they write the land in his name falsely and falsely. Then they go to the bank and present the deed to them in the name of this man whose name was borrowed falsely and falsely. And of course, the bank owners do not know the unseen.
The questioner : Yes.
The Shaykh : They proceed based on what is presented to them, and the harm and corruption that result from this are known. What we advise our Muslim brothers is to fear Allah, Glorified and Exalted, in their transactions and to follow in them what Allah, Blessed and Exalted, has prescribed for them in His Book or on the tongue of His Messenger (peace and blessings be upon him), because that is the good and the right.
The questioner : Yes.
The Shaykh : And just as Allah, Glorified and Exalted, is the legislator for acts of worship, so no one approaches Allah except with what Allah has prescribed, and Allah does not accept from anyone any act of worship other than what He has prescribed.
The questioner : Yes.
The Shaykh : So likewise, it is obligatory for them to proceed in their transactions according to what Allah has prescribed for them, because He, Glorified and Exalted, is more knowledgeable about their interests and more knowledgeable about what benefits their society, and He is the most wise in what He has prescribed. Allah, the Exalted, does not legislate for His servants a prohibition or an obligation except what is in their interest, because He is rich in respect of them, whether they believe or disbelieve.
The questioner : Yes.
The Shaykh : But for the sake of their interests, He legislates for them rulings in acts of worship and transactions, and He encourages and motivates them to fear Him, Glorified and Exalted, in these matters:
(130) O you who have believed, do not consume usury, doubled and multiplied, but fear Allah that you may be successful. (131) And fear the Fire, which has been prepared for the disbelievers. (132) And obey Allah and the Messenger that you may obtain mercy.
يا أيها الذين ءامنوا لا تأكلوا الربا أضعافاً مضاعفة واتقوا الله لعلكم تفلحون واتقوا النار التي أعدت للكافرين وأطيعوا الله والرسول لعلكم ترحمونThe questioner : Yes.
The Shaykh : Whether that is in wealth or in rights, and read His saying, the Exalted:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality
يا أيها النبي إذا طلقتم النساء فطلقوهم لعدتهم واتقوا الله ربكم لا تخرجوهن من بيوتهن ولا يخرجن إلا أن يأتين بفاحشة مبيّنةThe questioner : Yes.
The Shaykh : Yes.
The questioner : That it is not permissible for a person to borrow in the name of his son or his wife, using a borrowed name, while he intends to build for himself personally.
The Shaykh : Yes.