The ruling on the increase an employee receives from the bank at the end of each year
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Our brother Muhammad al-Tunisi asks the Shaykh and says: Our noble Shaykh, Ibn Baz, we turn to you with the following questions, hoping you will benefit us regarding them, and may Allah grant you great reward and recompense. Employees in Tunisia receive their salaries through current accounts at the post office or the bank on a mandatory basis; salaries are not paid in any other way, to facilitate the payment process. As a result, the bank or post office gives the holder of each account an additional amount at the end of each year, which increases or decreases according to the amount and the duration the money remains in the current account. Is it permissible to take this additional amount, or is it considered riba and forbidden money? If it is forbidden, what is the reason for its prohibition, and how does one dispose of it?
Answer: If this is not based on an agreement, but is something the bank, through which the salaries are transferred, gives the employees as an increase without any condition or agreement between it and the state, or between it and the salary recipients, but is merely a gift from them, considering that they benefited from it and profited from it, then this causes no harm, and there is no blame on the salary recipient for taking it.
However, if it is based on an agreement between the bank and the state that the salaries are transferred through it, and that in exchange for these salaries it will give an increase in return for its benefit from them, then if they transfer, for example, one hundred thousand dollars through it, it gives the owners the one hundred thousand plus one thousand dollars as an increase, based on an agreement between the bank and the state, or between the bank and the employees if the matter were up to their choice, this would be riba. But if it is not the employees' choice and not the work of the state, and the state did not impose this condition on them, but they merely gave it because they benefited from these dollars, or these dirhams, or pounds, or the like, then there is nothing wrong with it. This is like what the Prophet (peace and blessings be upon him) said:Sunan Abi Dawud 3346Sahih (Al-Albani) If someone benefits from your wealth and gives you something from his own wealth willingly, without a condition from you, there is no harm in that.
If you lend a person one hundred thousand as a good loan without any condition, and then when he repays the amount he gives you something extra as a good reward, thanking you for lending to him, there is no harm in that. This is based on the saying of the Prophet (peace and blessings be upon him):Sunan Abi Dawud 3346Sahih (Al-Albani) The Prophet (peace and blessings be upon him) borrowed forty thousand and returned eighty thousand, as Ibn al-Qayyim and a group of scholars mentioned.
The conclusion is: if the loan does not involve a condition, and you merely lent him something, and when he repays you he gives you an increase, there is nothing wrong with it. However, if he gives you an increase before repayment so that you will delay him, or if you condition on him beforehand that he will give you so much and so much, this is riba. But if, at the time of repayment, he gives you something without a condition, agreement, or collusion, this is not riba in any way. The riba that the Companions of the Prophet (peace and blessings be upon him) prohibited, and which the Sunnah and the Qur'an also prohibit, is the thing that is colluded upon and agreed upon, where you delay him and he gives you an increase for the delay, or he gives you gifts so that you will delay him and postpone, as Abdullah ibn Salam, Zayd ibn Thabit, Ibn Mas'ud, and a group of others said: If you have a debt with a person and he gives you a load of dates or the like, do not accept it, for it is riba; for he only gave it to you so that you would delay him and give him time, as if he is saying: "Delay me, and you will have so much and so much." This is from the riba of the pre-Islamic age of ignorance.
But if, when he repays your debt, when he gives you and fulfills his obligation, he gives you something from his own side without any collusion from you or condition from you, but merely as a kindness from him, merely as a reward, there is no harm in that.
And so, these people through whom your salaries are transferred, if they give you that without any condition or collusion, neither from you nor from the state, there is no harm in that. Yes.
The presenter: May Allah reward you.
Answer: If this is not based on an agreement, but is something the bank, through which the salaries are transferred, gives the employees as an increase without any condition or agreement between it and the state, or between it and the salary recipients, but is merely a gift from them, considering that they benefited from it and profited from it, then this causes no harm, and there is no blame on the salary recipient for taking it.
However, if it is based on an agreement between the bank and the state that the salaries are transferred through it, and that in exchange for these salaries it will give an increase in return for its benefit from them, then if they transfer, for example, one hundred thousand dollars through it, it gives the owners the one hundred thousand plus one thousand dollars as an increase, based on an agreement between the bank and the state, or between the bank and the employees if the matter were up to their choice, this would be riba. But if it is not the employees' choice and not the work of the state, and the state did not impose this condition on them, but they merely gave it because they benefited from these dollars, or these dirhams, or pounds, or the like, then there is nothing wrong with it. This is like what the Prophet (peace and blessings be upon him) said:
for the best person is he who discharges his debt in the best manner
إن خيار الناس أحسنهم قضاءIf you lend a person one hundred thousand as a good loan without any condition, and then when he repays the amount he gives you something extra as a good reward, thanking you for lending to him, there is no harm in that. This is based on the saying of the Prophet (peace and blessings be upon him):
for the best person is he who discharges his debt in the best manner
إن خيار الناس أحسنهم قضاءThe conclusion is: if the loan does not involve a condition, and you merely lent him something, and when he repays you he gives you an increase, there is nothing wrong with it. However, if he gives you an increase before repayment so that you will delay him, or if you condition on him beforehand that he will give you so much and so much, this is riba. But if, at the time of repayment, he gives you something without a condition, agreement, or collusion, this is not riba in any way. The riba that the Companions of the Prophet (peace and blessings be upon him) prohibited, and which the Sunnah and the Qur'an also prohibit, is the thing that is colluded upon and agreed upon, where you delay him and he gives you an increase for the delay, or he gives you gifts so that you will delay him and postpone, as Abdullah ibn Salam, Zayd ibn Thabit, Ibn Mas'ud, and a group of others said: If you have a debt with a person and he gives you a load of dates or the like, do not accept it, for it is riba; for he only gave it to you so that you would delay him and give him time, as if he is saying: "Delay me, and you will have so much and so much." This is from the riba of the pre-Islamic age of ignorance.
But if, when he repays your debt, when he gives you and fulfills his obligation, he gives you something from his own side without any collusion from you or condition from you, but merely as a kindness from him, merely as a reward, there is no harm in that.
And so, these people through whom your salaries are transferred, if they give you that without any condition or collusion, neither from you nor from the state, there is no harm in that. Yes.
The presenter: May Allah reward you.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
