Clarification of the stronger position on the issue of: (waiving and expediting)
Machine translationRead the Arabic original
Question:
I purchased a piece of land from its owner on an installment plan over four years for a sum of money. After about a year, I agreed with him to pay all the remaining installments in one lump sum, on the condition that he would reduce the agreed-upon amount. What is your opinion on this? And does its zakah begin from the time of purchase, or after the transfer of ownership to me?
Answer:
This issue is a matter of scholarly disagreement among the scholars, and it is the issue of "waiving and expediting." It is well known to the scholars. It is narrated that the Prophet (peace and blessings be upon him) said to the Banu Nadir when he intended to expel them, and they complained that they had debts with people, he said:.
The correct view is that it is permissible if the debtor says: "I will give you your right in one lump sum, but reduce it for me." The debt is four thousand over four years, so he says: "I will pay it to you if you waive a thousand from me." The creditor says: "Yes, I will waive a thousand from you and give you three thousand, and I will forgive you." There is no harm in that. The correct view is that it is permissible, even though many scholars hold the opposite view. However, the correct view is that it is permissible because this involves benefits: expediting the right and clearing the conscience. There are two benefits here: expediting the right for its owner, even if reduced, instead of him receiving it over years, and lightening the burden on the debtor by removing a portion of the debt.
The correct view in this is: It is permissible. It is the issue of: "Waive and expedite." You have a thousand riyals with Zayd that are due in the coming Ramadan, and you say to him: "I will give you eight hundred and forgive me now." If you give him eight hundred and he forgives you the two hundred for the sake of expediting, there is no harm. And so it is with whatever is more or less.
I purchased a piece of land from its owner on an installment plan over four years for a sum of money. After about a year, I agreed with him to pay all the remaining installments in one lump sum, on the condition that he would reduce the agreed-upon amount. What is your opinion on this? And does its zakah begin from the time of purchase, or after the transfer of ownership to me?
Answer:
This issue is a matter of scholarly disagreement among the scholars, and it is the issue of "waiving and expediting." It is well known to the scholars. It is narrated that the Prophet (peace and blessings be upon him) said to the Banu Nadir when he intended to expel them, and they complained that they had debts with people, he said:
Waive and take it quickly
ضعوا وتعجلواThe correct view is that it is permissible if the debtor says: "I will give you your right in one lump sum, but reduce it for me." The debt is four thousand over four years, so he says: "I will pay it to you if you waive a thousand from me." The creditor says: "Yes, I will waive a thousand from you and give you three thousand, and I will forgive you." There is no harm in that. The correct view is that it is permissible, even though many scholars hold the opposite view. However, the correct view is that it is permissible because this involves benefits: expediting the right and clearing the conscience. There are two benefits here: expediting the right for its owner, even if reduced, instead of him receiving it over years, and lightening the burden on the debtor by removing a portion of the debt.
The correct view in this is: It is permissible. It is the issue of: "Waive and expedite." You have a thousand riyals with Zayd that are due in the coming Ramadan, and you say to him: "I will give you eight hundred and forgive me now." If you give him eight hundred and he forgives you the two hundred for the sake of expediting, there is no harm. And so it is with whatever is more or less.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
