What is the jurisprudential understanding of the hadith: “Whoever intercedes for his brother, and a gift is given to him for it, and he accepts it from him, he has entered a great gate of the gates of riba (usury or interest)?”
Machine translationRead the Arabic original
The questioner : And in an authentic hadith that passed by you, if Allah wills, which is Bulugh al-Maram 7:77.
The Shaykh : Do not make a mistake, do not make a mistake.
The questioner : Hmm.
The Shaykh : Do not make a mistake in the hadith of the Messenger of Allah.
The questioner : (peace and blessings be upon him).
The Shaykh : Then it includes his saying:Musnad Ahmad 469Hasan (Darussalam).
The questioner: Correct.
The Shaykh : Yes,Sunan al-Bayhaqi 9:381.
The questioner : Yes, indeed,.
The Shaykh : Later.
The questioner :Sunan Abi Dawud 3541Hasan (Al-Albani) .
The Shaykh : Yes.
The questioner : A person says, “I am the one who interceded for a case, and I went and gave a favor out of my own good will, without any command or coercion. Do I fall under this ruling, and does he fall under it as well?”
The Shaykh : The issue is extremely precise, and I will clarify it for you with some examples: Zayd is a person from whom you borrowed a benevolent loan. When it was time to repay, you added to the repayment. This is not covered by your hadith. But if a person lent you a loan and you repaid him, then you borrowed from him a second time and feared he would cut off the good transaction with you; so before the time of repayment, you presented him with a gift. This gift is what is intended by your hadith. Likewise, if you submitted a request to an official and presented him with a gift, this would be like a bribe before the execution of your request. This is different from if, after he has served you and fulfilled your need, you treat him well with a gift; this is permissible, whereas the former is not permissible. So it is necessary to observe this distinction.
The questioner: Yes.
The Shaykh : That is, if one has borrowed from someone, it is not permissible to give him a gift before you repay him. Likewise, before the intercessor fulfills the need, it is not appropriate to present him with a gift.
The questioner : No.
The Shaykh : Although there is another observation here regarding intercession, it has no relation to the issue of the gift and it being a gate of the gates of riba (usury or interest). For example, a person submits an official request to a department, let us assume, for water, electricity, or a telephone connection. Do you know that when you submit these requests, you stand in a clear line?
The questioner : They line up in order, meaning.
The Shaykh : In order. And likewise, when the employees there register, when they want to execute the requests, what is required? According to the order. So I, you, or someone else intercedes with the employee, and in Syrian expression, you or I become the “first one.” Yes, this is not good; it is a wrong, correct? It is good for you, but it harms the others who are ahead of you in the line. So such a thing is not permissible. But any work that you ask me to do for you without encroaching on the rights of others, and you honor me with a gift after this work is done, this is from the category of[Ar-Rahman 55:60]. Is the matter clear to you?
The questioner : If you please, the last paragraph, if Allah wills.
The Shaykh : What do you mean, paragraph?
The questioner : Finally, finally, the example.
The Shaykh : The example.
The questioner : Ah, the last one.
The Shaykh : It is a repetition of what came before. That is, a man did a work for you; you asked him to serve you with a task. So you do not present him with a gift before he completes the work. If he completes the work, you honor him with a gift, because this is from the category of[Ar-Rahman 55:60].
The questioner : Yes, yes, it is clear.
The Shaykh : Something else.
The questioner : Yes. You mentioned something good: that since you interceded to have him advance you, this is questionable, of course. But in this context, I went, for example, to buy bread from the bakery, and there was a large queue in front of me. I did not ask, I did not intercede, and I did not use my personality to push through. He chose me and took me ahead of the fifty people in front of me. Do I accept from him or not?
The Shaykh : Accept from him, as long as it was not at your request.
The questioner : Yes, meaning from him.
The Shaykh: Yes.
The questioner : What Allah willed. So, in summary of what has passed, if a gift is presented to the intercessor in this context, he does not fall under a gate of the gates of riba (usury or interest).
The Shaykh: Yes.
Whoever intercedes for his brother and that one gives him a gift for that (intercession) which he accepts
مَن شَفَعَ لأخيه شفاعةً فأهدي له هديَّةً عليها فقبلها منهThe Shaykh : Do not make a mistake, do not make a mistake.
The questioner : Hmm.
The Shaykh : Do not make a mistake in the hadith of the Messenger of Allah.
The questioner : (peace and blessings be upon him).
The Shaykh : Then it includes his saying:
Whoever says something about me that I did not say, let him take
مَن قال عليَّ ما لم أقُلْ فليتبوَّأThe questioner: Correct.
The Shaykh : Yes,
Whoever is given a gift, a gift
مَن أهديت له هديةٌ هديةٌThe questioner : Yes, indeed,
Whoever is given a gift
من أهدي له هديةٌThe Shaykh : Later.
The questioner :
a gift to him for it and he accepts it, he approaches a great door of the doors of usury
هديةٌ عليها فقبلها منه ؛ فقد أتى بابًا عظيمًا من أبواب الرباThe Shaykh : Yes.
The questioner : A person says, “I am the one who interceded for a case, and I went and gave a favor out of my own good will, without any command or coercion. Do I fall under this ruling, and does he fall under it as well?”
The Shaykh : The issue is extremely precise, and I will clarify it for you with some examples: Zayd is a person from whom you borrowed a benevolent loan. When it was time to repay, you added to the repayment. This is not covered by your hadith. But if a person lent you a loan and you repaid him, then you borrowed from him a second time and feared he would cut off the good transaction with you; so before the time of repayment, you presented him with a gift. This gift is what is intended by your hadith. Likewise, if you submitted a request to an official and presented him with a gift, this would be like a bribe before the execution of your request. This is different from if, after he has served you and fulfilled your need, you treat him well with a gift; this is permissible, whereas the former is not permissible. So it is necessary to observe this distinction.
The questioner: Yes.
The Shaykh : That is, if one has borrowed from someone, it is not permissible to give him a gift before you repay him. Likewise, before the intercessor fulfills the need, it is not appropriate to present him with a gift.
The questioner : No.
The Shaykh : Although there is another observation here regarding intercession, it has no relation to the issue of the gift and it being a gate of the gates of riba (usury or interest). For example, a person submits an official request to a department, let us assume, for water, electricity, or a telephone connection. Do you know that when you submit these requests, you stand in a clear line?
The questioner : They line up in order, meaning.
The Shaykh : In order. And likewise, when the employees there register, when they want to execute the requests, what is required? According to the order. So I, you, or someone else intercedes with the employee, and in Syrian expression, you or I become the “first one.” Yes, this is not good; it is a wrong, correct? It is good for you, but it harms the others who are ahead of you in the line. So such a thing is not permissible. But any work that you ask me to do for you without encroaching on the rights of others, and you honor me with a gift after this work is done, this is from the category of
Is the reward for good [anything] but good?
هَلْ جَزَاءُ الْإِحْسَانِ إِلَّا الْإِحْسَانُThe questioner : If you please, the last paragraph, if Allah wills.
The Shaykh : What do you mean, paragraph?
The questioner : Finally, finally, the example.
The Shaykh : The example.
The questioner : Ah, the last one.
The Shaykh : It is a repetition of what came before. That is, a man did a work for you; you asked him to serve you with a task. So you do not present him with a gift before he completes the work. If he completes the work, you honor him with a gift, because this is from the category of
Is the reward for good [anything] but good?
هَلْ جَزَاءُ الْإِحْسَانِ إِلَّا الْإِحْسَانُThe questioner : Yes, yes, it is clear.
The Shaykh : Something else.
The questioner : Yes. You mentioned something good: that since you interceded to have him advance you, this is questionable, of course. But in this context, I went, for example, to buy bread from the bakery, and there was a large queue in front of me. I did not ask, I did not intercede, and I did not use my personality to push through. He chose me and took me ahead of the fifty people in front of me. Do I accept from him or not?
The Shaykh : Accept from him, as long as it was not at your request.
The questioner : Yes, meaning from him.
The Shaykh: Yes.
The questioner : What Allah willed. So, in summary of what has passed, if a gift is presented to the intercessor in this context, he does not fall under a gate of the gates of riba (usury or interest).
The Shaykh: Yes.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.