What is the meaning of: “The wealth of a Muslim man is not lawful except by his willing consent”?
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Question:
It was mentioned that riba (usury or interest) is among the transactions that take place between people, and that taking a Muslim’s wealth without his willing consent is considered [wrong], even though the one who engages in riba does so of his own free will and with his consent. We ask you to clarify this?
Answer:
The intended meaning in the hadith:Sunan ad-Daraqutni 13:79 means that his heart is pleased in the manner prescribed by Allah, meaning: as a gift, charity, or assistance to his brother. It does not mean that his heart is pleased in a manner that is haram (forbidden); no, that is not permissible. So, riba, even if one’s heart is pleased with it, is haram. Likewise, the payment for a prostitute, and the fee for a fortune-teller; one’s heart may be pleased with it, but it is haram. Likewise, the price of a dog is haram and foul.
The point is: that his heart is pleased in a lawful manner, in charity, in a gift, in a present, in helping with a marriage... then it is lawful for you to take it from your brother. But if his heart is pleased in a haram manner, in the manner of riba, this is not permissible and is not lawful, even if his heart is pleased with it, and even if they mutually agree. Indeed, those who engage in riba are pleased with this matter, and their hearts are pleased with it. Likewise, the people of gambling; the hearts of those who gamble are pleased with it, and this is haram. Their being pleased with it is not an excuse for them. It is necessary that the willingness of the heart be coupled with the other conditions, the conditions that Allah has prescribed for the lawfulness of wealth. So, wealth is not made lawful by gambling, even if their hearts are pleased with it, nor by riba, even if their hearts are pleased with it, nor by what is paid to a woman to commit zina (unlawful sexual intercourse), or to a fortune-teller to inform about matters of the unseen. All these prohibitions, even if the hearts are pleased with them, are prohibited because they are prohibited by the Shari'ah (Islamic sacred law). The Shari'ah has prohibited them and forbidden them, even if the hearts are pleased with them, because the means to them is haram.
It was mentioned that riba (usury or interest) is among the transactions that take place between people, and that taking a Muslim’s wealth without his willing consent is considered [wrong], even though the one who engages in riba does so of his own free will and with his consent. We ask you to clarify this?
Answer:
The intended meaning in the hadith:
The wealth of a Muslim man is not lawful except by the willing consent of his soul
لا يحل مال امرئ مسلم إلا عن طيبة من نفسThe point is: that his heart is pleased in a lawful manner, in charity, in a gift, in a present, in helping with a marriage... then it is lawful for you to take it from your brother. But if his heart is pleased in a haram manner, in the manner of riba, this is not permissible and is not lawful, even if his heart is pleased with it, and even if they mutually agree. Indeed, those who engage in riba are pleased with this matter, and their hearts are pleased with it. Likewise, the people of gambling; the hearts of those who gamble are pleased with it, and this is haram. Their being pleased with it is not an excuse for them. It is necessary that the willingness of the heart be coupled with the other conditions, the conditions that Allah has prescribed for the lawfulness of wealth. So, wealth is not made lawful by gambling, even if their hearts are pleased with it, nor by riba, even if their hearts are pleased with it, nor by what is paid to a woman to commit zina (unlawful sexual intercourse), or to a fortune-teller to inform about matters of the unseen. All these prohibitions, even if the hearts are pleased with them, are prohibited because they are prohibited by the Shari'ah (Islamic sacred law). The Shari'ah has prohibited them and forbidden them, even if the hearts are pleased with them, because the means to them is haram.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
