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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on bribery, and the ruling on paying it when a person is denied his right except by it.

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The Shaykh :
That a man was sent by the Prophet (peace and blessings be upon him) to collect alms, meaning as an official for alms to take it from its people, so he returned to Madinah with him some camels and said: These are for you, and these were given to me as a gift. أن رجلًا بعثه النبي عليه الصلاة والسلام على الصدقة يعني عاملًا على الصدقة يأخذها من أهلها فرجع إلى المدينة ومعه إبل فقال: هذه لكم وهذه أهديت إلي
So the Prophet (peace and blessings be upon him) delivered a sermon and said:
What is the matter with one of you when we appoint him to a duty ما بال أحدكم نستعمله على العمل
meaning from among our duties
that he returns to say, 'This is for you and that is for me?' Why didn't he stay at his father's and mother's house to see whether he will be given gifts or not? فيرجع ويقول: هذا لكم وهذا أهدي إلي، فهلا جلس في بيت أبيه وأمه فينظر أيهدى له أم لا
Sahih al-Bukhari 7174
From this hadith, we know the magnitude of bribery and that it is among the great matters that led the Prophet (peace and blessings be upon him) to stand as a preacher, addressing the people and warning them against this action, because if bribery becomes widespread among a people, they are destroyed, and each one of them does not speak the truth, nor judge by the truth, nor uphold justice, except if he is bribed, may Allah protect us from that. The one who takes a bribe is cursed, the one who takes a bribe is cursed, and the one who gives it is cursed, except if the one taking it is preventing the people’s right except by a bribe; in that case, the curse is upon this taker, not the giver, because the giver only wants to give in order to take his right, so he is excused. As there are, may Allah protect us, now some officials in Islamic states who do not allow people to proceed except with this bribe, may Allah protect us, so he becomes one who consumes wealth unjustly, exposing himself to the curse, we ask Allah for safety. It is obligatory upon the one whom Allah has entrusted with a duty to perform it with justice and to perform the obligation therein to the best of his ability. Also, Barirah, who was a slave woman belonging to a group of the Ansar, was owned by her masters who had written a contract for her manumission for nine ounces of silver. So she came to Aisha seeking her help, saying: Help me to fulfill my contract. She said:
If her people wish, I will pay it to them إن شاء أهلها أن أعدها لهم
meaning: pay her off in cash
and that if I pay it, your wala' is mine, then I will do it.' Barira went to her masters ويكون ولاؤك لي فعلت، فذهبت بريرة إلى أهلها
Muwatta Malik 38:18
meaning: her masters
So she told them that, and they said: No, the loyalty is ours. So Barirah returned to Aisha and informed her that her people said: It must be that the loyalty is ours. So the Prophet (peace and blessings be upon him) said: Take her and stipulate the loyalty for them, for the loyalty is only for the one who frees. So she took her and stipulated the loyalty for them. Then the Prophet (peace and blessings be upon him) delivered a sermon to the people and said: What is the matter with a group of people who stipulate conditions that are not in the Book of Allah? Whatever condition is not in the Book of Allah is invalid, even if it were a hundred conditions. The judgment of Allah is more right, and the condition of Allah is more binding, and the loyalty is only for the one who frees. فقالت لهم ذلك فقالوا لا الولاء لنا فرجعت بريرة إلى عائشة وأخبرتها بأن أهلها قالوا لا بد أن يكون الولاء لنا، فقال النبي عليه الصلاة والسلام: خذيها واشترطي لهم الولاء فإنما الولاء لمن أعتق، فأخذتها واشترطت الولاء لهم، ثم خطب الناس عليه الصلاة والسلام وقال: ما بال أقوام يشترطون شروطًا ليست في كتاب الله، ما كان من شرط ليس في كتاب الله فهو باطل وإن كان مئة شرط، قضاء الله أحق وشرط الله أوثق، وإنما الولاء لمن أعتق
And also, a woman from Banu Makhzum used to say to people: Lend me, lend me something, so they would lend her household items, a pot, a water skin, and the like of household goods. Then afterwards she would say: You did not lend me anything, denying it. So the Prophet (peace and blessings be upon him) ordered that her hand be cut off, because she was a thief, and this was a theft. The Quraysh were concerned about this matter: how could the hand of a Makhzumian woman from Banu Makhzum, one of the great Arab tribes, be cut off? So they asked for someone to intercede with the Prophet (peace and blessings be upon him), and they sent Usamah ibn Zayd ibn Harithah (may Allah be pleased with them both), because the Prophet (peace and blessings be upon him) loved him and loved his father. He said to him to intercede, and the Prophet (peace and blessings be upon him) said:
Are you interceding regarding one of the punishments prescribed by Allah ? أتشفع في حد من حدود الله؟
Sunan Abi Dawud 4373Sahih (Al-Albani)
saying this in disapproval of him, because there is no intercession in the limits of Allah once the authority is reached, so Allah curses the intercessor and the one for whom intercession is made. Then he stood before the people and delivered a sermon, saying:
Beware, indeed those before you, when a nobleman among them stole, they left him alone, and when a weak one among them stole, they established the limit upon him. And he informed that this is what destroyed the previous nations. ألا وإن من كان قبلكم كانوا إذا سرق فيهم الشريف تركوه، وإذا سرق فيهم الضعيف أقاموا عليه الحد، وأخبر أن هذا هو الذي أهلك الأمم السابقة
Then he (peace and blessings be upon him) said:
By Allah وايم الله
meaning: I swear by Allah
if Fatimah the daughter of Muhammad were to steal, I would cut off her hnad. لو أن فاطمة بنت محمد سرقت لقطعت يدها
Sunan an-Nasa'i 4899Sahih (Darussalam)
So is this Makhzumian woman better, or Fatimah bint Muhammad? Fatimah bint Muhammad, he said:
If she had stolen, I would have cut off her hand. لو سرقت لقطعت يدها
So this is one of the incidental sermons. It was the way of the Messenger of Allah (peace and blessings be upon him) that he would preach to the people for incidental matters or for regular matters. We have previously mentioned the hadith of al-‘Arba’ ibn Sari‘ah, who said:
The Messenger of Allah (peace and blessings be upon him) delivered a powerful sermon to us, which moved our hearts and caused our eyes to weep. خطبنا رسول الله صلى الله عليه وسلم خطبة بليغة وجلت منها القلوب وذرفت منها العيون
and we have spoken about it before. It is incumbent upon a person, whether a judge, a mufti, a scholar, or a caller to Islam, to preach to the people about incidental matters in which they need clarification of the truth, and about regular matters such as Friday, the two festivals, the prayer for rain, and the eclipse, as mentioned. This is part of the guidance of the Messenger of Allah (peace and blessings be upon him) and his excellent conveyance, because when a thing comes at its time, when it is needed.
Source alathar.net

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

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