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Resolutions of Iftaa' Board


Resolutions of Iftaa' Board

Resolution No.(235): "Getting Rid of Ill-Gotten Money"

Date Added : 20-03-2017

Resolution No.(235)(3/2017) by the Board of Iftaa, Research and Islamic Studies:

"Getting Rid of Ill-Gotten Money"

Date: (7/Jumada Al-Akhira/1438), corresponding to (6/3/2017)

 

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

During the second session held on the above date, the Board reviewed the following question: 

I have worked for a usurious bank, but I`m now retired. Out of my salaries, I managed to construct a building of my own, and leased it against (1200 Dinars) per month. Is this income lawful? are my children allowed to benefit from it?, and how can I purify that money?

After deliberations, the Board decided the following:

There is no harm that you and your children benefit from the revenue of that building regardless of its source because the sin of usury or helping others to commit that sin falls on the person himself, has nothing to do with the money, and that person can free himself from the liability by sincere repentance, seeking Allah`s forgiveness, and never committing that sin again. It is hoped that this in addition to giving charity will avail in purifying that money, with Allah`s mercy and forgiveness. And Allah Knows Best.

 

Grand Mufti of Jordan/Dr. Mohammad Al-Khalayleh

Vice-Chairman of Iftaa` Board/Prof. Abdullah Al-Fawaaz

Sheikh Sa`eid Hijjawee/Member

Dr. Mohammad Khair Al-Esa/Member

Judge Khaled Wuraikat/Member

Dr. Mohammad al-Zou`bi/Member

 

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Summarized Fatawaa

My father has debts and asked me to repay them years ago, and I promised him I would do so upon his death — is it permissible for me to go back on my promise given that I am unable to repay them, especially since he refuses to contribute to repayment on the grounds that the debt has become my responsibility by virtue of my promise?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
The established principle is that a father's debt is to be repaid from his own wealth, if he possesses sufficient means. As for the promise made by the son to repay it on his father's behalf, fulfilling such a promise is strongly recommended, and breaking it is considerably disliked. Shaykh al-Islām Imām al-Nawawī, may Allah have mercy upon him, states: "Fulfilling a promise is emphatically recommended, and breaking it is severely disliked. The evidences for this from the Qurʾān and the Sunnah are well known." [Rawḍat al-Ṭālibīn,Vol. 2/P.278] Shaykh al-Islām Imām Zakariyyā al-Anṣārī, may Allah have mercy upon him, further states: "The reason fulfilling a promise is not obligatory and breaking it is not forbidden is that a promise is in the nature of a gift, and a gift does not become binding except upon receipt." [Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib,Vol. 2/P.487]
Given that the son does not possess the financial means to fulfil his promise to his father, breaking this promise falls beyond his capacity — and Allah does not burden a soul beyond what it can bear. Since the father himself possesses sufficient wealth to settle his own debt, repayment must be made from his own funds. Should he pass away before doing so, the debt is to be settled from his estate. And Allah the Almighty knows best.

What is Aqeeqah?

It is the sheep slaughtered on the seventh day from the child`s birth, and it is a confirmed Sunnah after the Prophet (PBUH).

Is it permissible to pay the Fitr Zakah (obligatory charity) of Ramadan on behalf of a dead person?

The Fitr Zakah of Ramadhaan isn`t due on one who had passed away before the sunset of the last day of Ramadan. And Allah Knows Best.

What is the ruling on eating or drinking forgetfully during the day in Ramadan or during voluntary fasting?

Whoever eats or drinks forgetfully while fasting, whether in an obligatory or voluntary fast, should continue their fast, for it is Allah who has provided them with food and drink. There is no difference between obligatory and voluntary fasting in this ruling.

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