Chapter 4
Transactions
Gifts and Presents
49015: Ruling on lender accepting a gift from the borrower
Question:
Someone borrowed some money from me, and he
gave me a gift before he paid back the loan. What is the
ruling on my accepting this gift?.
Answer:
Praise be to Allaah.
If the person who borrowed from you was in the habit
of giving you gifts before the loan, such as if he was a
friend or relative of yours etc, then there is nothing wrong
with your accepting the gift in that case, because it had
nothing to do with the loan.
But if this person was not in the habit of giving you
gifts, it is not permissible for you to accept it, because it
may be because of the loan, and if you accept it you may
fall into riba (usury), because the basic principle
regarding loans is that "Every loan which brings a benefit is
riba," and this loan will have brought you a benefit.
See questions no. 30842 and 39505.
Also: he may be giving it to you to make you agree
to delay asking for repayment, which is also a kind of riba.
This is indicated by the report narrated by Ibn
Maajah (2432) from Yahya ibn Abi Ishaaq who said: I asked
Anas ibn Maalik: What if man gives his brother a loan,
then (the borrower) gives him a gift? The Messenger of
Allaah (peace and blessings of Allaah be upon him) said: "If
any one of you borrows something then he gives (the
lender) a gift or gives him a ride on his riding-beast, he
should not accept the gift or the ride, unless they used to
treat each other in that manner beforehand." Classed as
hasan by Shaykh al-Islam Ibn Taymiyah in al-Fataawa
al-Kubra, 6/159.
Ibn Sireen narrated that `Umar (may Allaah be
pleased with him) lent Ubayy ibn Ka'b (may Allaah be
pleased with him) ten thousand dirhams, and Ubayy ibn Ka'b
gave him a gift of some fruit from his land, but he
returned that to him and did not accept it. Ubayy came to him
and said: "The people of Madeenah know that I grow
some of the best fruit and I have no need of it, so why did
you refuse my gift?" Then later on he sent him (some
fruit) and he accepted it. Ibn al-Qayyim said: `Umar refused
it because he thought that the gift was because of the
loan. When he realized that it was not because of the loan,
he accepted it. This is the decisive answer concerning
the issue of accepting a gift from a debtor.
Al-Bukhaari narrated in his Saheeh (3814) that
Abu Burdah said: I came to Madeenah and met
`Abd-Allaah ibn Salaam (may Allaah be pleased with him). He said
to me: "You are in a country where the practice of Riba
(i.e. usury) is prevalent; so if somebody owes you
something and he sends you a present of a load of chopped straw
or a load of barley or a load of fodder then do not take it,
as it is Riba."
This view was narrated from several of the
Sahaabah. Ibn al-Qayyim said in I'laam
al-Muwaqqi'een (3/136): It was narrated from more than one of them (i.e.,
the Sahaabah) _ such as Ubayy ibn Ka'b, Ibn Mas'ood,
`Abd-Allaah ibn Salaam, Ibn `Umar and Ibn `Abbaas _
that they forbade the lender to accept a gift from the
borrower, and they regarded accepting it as riba.
Al-Shawkaani said in Nayl al-Awtaar (6/257):
The point is that if gifts, loans etc are given for the
sake of delaying payment of the loan, or as a bribe to the
one who gave the loan, or so that the one who gave the
loan will benefit as a result of his loan, that is haram,
because it is a kind of riba or bribe. But if that is because
the lender and borrower used to do that before this loan,
then there is nothing wrong with it. If that is not done for
any obvious purpose then it seems that the general
prohibition should apply in this case.
Some of the scholars are of the view that it is
permissible for the lender to accept a gift from the borrower, but it
is better not to do so, to be on the safe side. Ibn
al-Qayyim said in I'laam al-Muwaqqi'een (3/136): The Sunnah
of the Messenger of Allaah (peace and blessings of
Allaah be upon him) and the way of his companions is
more deserving of being followed.
I say:
Is there any other solution apart from refusing the gift
or falling into riba?
The answer is: Yes. If you insist on accepting the
gift, you have two choices: you can respond in kind,
giving something of equal or greater value, or you can regard
it as part of the debt and waive the value of the gift
from the amount owed.
Sa'eed ibn Mansoor narrated in his Sunan from
`Abd-Allaah ibn `Umar that a man came to him and said: I
lent money to a man whom I do not know and he gave me
a valuable gift. He said: Give his gift back to him, or
count it as part of the repayment.
Sa'eed ibn Mansoor also narrated that Saalim ibn
Abi'l-Ja'd said: A man came to Ibn `Abbaas and said: I
lent twenty dirhams to a man who sells fish and he gave me
a fish which I estimated was worth thirteen dirhams.
He said: Take seven dirhams from him.
See al-Fataawa al-Kubra by Ibn al-Qayyim, 6/159.
Shaykh Ibn `Uthaymeen said in al-Sharh
al-Mumti' (9/61):
If someone were to say: So long as this is haraam,
why shouldn't he just give it back in the first place?
We say: because he may feel too shy or embarrassed
to return it, or he may hurt his companion deeply if he
gives it back. So we say: Take it, and plan to repay him with
a gift of equal or greater value, or to deduct its value
from the loan. There is nothing wrong with this.
What we have stated above about it being haraam
applies if the gift is given before the loan is paid off. If it is
given after the loan is paid off, there is nothing wrong
with accepting it.
Shaykh Ibn `Uthaymeen said in al-Sharh
al-Mumti' (9/59):
If he is given a gift shortly after the loan is paid off or
a long time after that, it is permissible.
See al-Mughni, 6/437; al-Sharh
al-Mumti', 9/59-61.
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22181: Accepting a gift with strings attached from a
non-Muslim
Question:
I am a Muslim student studying in America. We
are planning to build an Islamic center in the town where
I am staying. The university has donated the land
where the center is to be built, but they have stipulated a
number of conditions in the contract according to which we
may get the land and build our center on it. This has
made some of the brothers object to accepting this land.
These conditions include the following:
1- That the administration of the center be subject to
state and university laws.
2- That the university has the right to take back its
gift and resume ownership of the land.
3- That the center should not be only for Muslims,
rather it should be for Muslims and others.
Is it permissible to accept this land under
these conditions?.
Answer:
Praise be to Allaah.
If the matter is as described, then it is not permissible
to accept this gift, because of the evil consequences
which will result from implementation of these conditions,
such as the subjection of the center to university laws
and regulations, which are unknown to the recipients and
some of which may go against Islam. The same applies to
the subjection of the center to state laws; it is well
known that some of their laws go against Islam. Similarly,
their stipulation that the center should be for Muslims
and others, such as Jews, which means that the Muslims
will be building a center in which Christian and Jewish
rituals will be observed. This will cause many problems.
They have also stipulated that the giver has the right to
take back the gift and ownership of the land will revert to
the university, and other stipulations mentioned in
the contract. This is also contrary to Islamic sharee'ah.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 16/178-179.
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46797: Can a Muslim accept a gift from his kaafir brother?
Question:
What is the ruling on two brothers, one of whom is
a Muslim and the other is a mushrik and rich. Is
it permissible for the Muslim brother to accept a gift
from his kaafir, mushrik brother, or not?.
Answer:
Praise be to Allaah. It is permissible for a Muslim
to accept a gift from his brother if he is a kaafir or a
mushrik, because that may soften his heart and Allaah may
guide him to Islam.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 16/183.
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47148: Buying back a gift from someone other than the
one to whom it was given
Question:
A man gave a car to another man for nothing in
return, and the one to whom it was given sold it to a third
person. The first owner wants to buy it back from the other
person who bought it. Is this permissible?.
Answer:
Praise be to Allaah.
It is permissible to buy back a gift in the manner
described, because the giver is buying it from someone other
than the one to whom it was given.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 16/185.
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34602: Buying back a gift from the one to whom it
was given
Question:
A man gave a car to his brother as a gift, then the one
to whom it was given wanted to sell the car. Can the
one who gave him the car buy it or is it not permissible
for him to buy it?.
Answer:
Praise be to Allaah.
It is not permissible for the giver to buy the thing he
gave to his brother. It was narrated that `Umar (may Allaah
be pleased with him) said: I gave a horse to someone
(to ride in jihad) for the sake of Allaah, and its
owner neglected it. I thought that he would sell it cheaply, so
I asked the Messenger of Allaah (peace and blessings
of Allaah be upon him) about that, and he said: "Do not
buy it, even if he gives it to you for a dirham, for the one
who takes back his charity is like a dog that goes back to
its vomit."
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 16/184.
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34591: Accepting gifts and donations from haraam wealth
Question:
Some Muslims here in Britain accumulate their
wealth from both halaal and haraam sources, because they
are businessmen and some of the things in which they
deal are alcohol and pork. They vary in the extent to
which they do that. In some cases most of the person's
wealth comes from haraam sources, and in others only a little
of their earnings is haraam. Is it permissible for us
Muslims to mix with them and eat their food if they invite us? Is
it permissible for us to accept their donations from
this wealth for the mosque?.
Answer:
Praise be to Allaah.
Firstly: You have to advise them and warn them of
the evil consequences of dealing in haraam things
and acquiring wealth from haraam sources. You
should cooperate with your brothers among the righteous
to remind them and warn them of the wrath of Allaah
and the severity of His punishment of those who disobey
Him and wage war against Him by committing haraam
actions. You should teach them that the pleasures of this
world are few, and that the Hereafter is better and more
lasting. If they respond, then praise be to Allaah. In that case
they are your brothers in Islam. Then you should advise
them to return that which they took wrongfully to its
rightful owners, if they know who they are, and to follow
their bad deeds with good deeds, so that Allaah will
accept their repentance and turn their bad deeds into good
deeds. Then it will be permissible for you to mix with them
as your brothers in faith, and to eat their food and
accept their donations for building and furnishing the
mosque etc., because by repenting and returning to people
what is rightfully theirs as much as possible, their previous
sins will be forgiven, as Allaah says (interpretation of
the meaning):
"So whosoever receives an admonition from his Lord
and stops eating Ribaa, shall not be punished for the
past; his case is for Allaah (to judge)"
[al-Baqarah 2:275].
Secondly:
If they still refuse to heed advice and reminders, and
they persist in doing haraam things, then you have to
forsake them for the sake of Allaah, and not respond to
their invitations or accept their donations, as a rebuke to
them and, in the hope that this will deter them from
committing evil actions.
And Allaah is the Source of strength.
Fataawa al-Lajnah al-Daa'imah, 16/182-183.
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34640: There is nothing wrong with accepting a gift
and giving something of similar value to the giver
Question:
One of my relatives sent me a large amount of money
on the occasion of my marriage, with the intention of
helping me. Should I accept it or is it better to refrain and
be content with what I have?.
Answer:
Praise be to Allaah.
Al-Bukhaari (2585) narrated that `Aa'ishah said:
The Messenger of Allaah (peace and blessings of Allaah
be upon him) used to accept gifts and reward people
for giving them.
"Reward people for giving them" means giving the
giver something of equal value at least in return. This was
the view of al-Haafiz in al-Fath.
This hadeeth indicates that accepting gifts and
giving something of equal value to the giver is the way of
the Prophet (peace and blessings of Allaah be upon him).
The Prophet (peace and blessings of Allaah be upon
him) enjoined responding in kind to favours, as he
said: "Whoever does you a favour, respond in kind, and if
you cannot find the means of doing so, then keep praying
for him until you think that you have responded in
kind." Narrated by Abu Dawood, 1672. classed as saheeh by
al-Albaani in Saheeh Abi Dawood.
"Whoever does you a favour" means, whoever treats
you kindly in word or deed.
"Respond in kind" means, treat him kindly just as he
has treated you kindly.
"If you cannot find the means of doing so" means if
you do not have the money.
"Until you think that you have responded in kind"
means, repeat the du'aa' until you think that you have given
him his due.
One of the du'aa's that you can say is Jazaak
Allaahu khayran (may Allaah reward you with good).
Al-Tirmidhi (2035) narrated that Usaamah ibn Zayd said:
The Messenger of Allaah (peace and blessings of Allaah
be upon him) said: "Whoever has a favour done for him
and says Jazaak Allaahu khayran (may Allaah reward
you with good) has done his utmost to thank him."
Narrated by al-Tirmidhi, 2035; classed as saheeh by al-Albaani
in Saheeh al-Tirmidhi.
"Done his utmost to thank him" means, he has done
his utmost to express his thanks, because he has acknowledged his shortcomings and that he is unable
to reward him and thank him, so he refers the matter
to Allaah, that He might reward him in the best
manner. One of them said: If you are unable to give him back
in kind, then speak at length thanking him and making
du'aa' for him. From Tuhfat al-Ahwadhi.
The Standing Committee was asked a similar
question, and replied as follows:
There is nothing wrong with accepting it (an amount
of money as a gift), without you longing for that, and
you can respond in kind if you are able to with an
appropriate gift, or you can make du'aa' for him, because the
Prophet (peace and blessings of Allaah be upon him)
said: "Whoever does you a favour, respond in kind, and if
you cannot find the means of doing so, then keep praying
for him until you think that you have responded in
kind." Narrated by Abu Dawood and al-Nasaa'i.
Fataawa al-Lajnah al-Daa'imah, 16/171
And Allaah knows best.
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34614: Which is better, giving a gift or giving charity?
Question:
Is it better to give money in charity to the poor and
needy, or to give a gift to one of my relatives or friends?.
Answer:
Praise be to Allaah.
The difference between charity and gifts is as follows:
Charity is given to the poor and needy to meet their
needs, and is done with the intention of seeking the Face
of Allaah. There is no intention of giving it to a
specific person, rather it is given to any poor or needy person.
A gift is not necessarily given to a poor person, rather
it may be given to rich or poor; the intention is to
show friendship and to honour the recipient.
Both of them _ charity and gift-giving _ are
righteous deeds for which a person will be rewarded, but which
is better?
Shaykh al-Islam [Ibn Taymiyah] said in Majmoo'
al-Fataawa:
"Sadaqah (charity) is that which is given for the sake
of Allaah as an act of worship, without intending to give
it to a specific person and without seeking anything in
return, rather it is given to charitable causes, such as to the
needy. A gift is given with the intention of honouring a
specific person, either because you love him and he is your
friend, or because you want something. Hence the Prophet
(peace and blessings of Allaah be upon him) used to accept
gifts and reward people for them, so that no one could
remind him of their favours, but he did not accept the "refuse"
of people that they gave to purify themselves of sins,
namely charity. He did not accept charity for this and
other reasons. Once this is understood, then charity is
better, but there is a sense in which a gift is better than
charity, such as giving a gift to the Messenger of Allaah
(peace and blessings of Allaah be upon him) during his
lifetime out of love for him, or the gifts which a person gives to
a relative in order to uphold the ties of kinship, or to
a brother in Islam. These gifts may be better than charity".
Based on this, if you give a gift to one of your
relatives, that may be better than giving charity, because it is
more befitting to uphold the ties of kinship. The same may
apply if you give a gift to a friend of yours, because that
will strengthen the bonds of love between you. The
Prophet (peace and blessings of Allaah be upon him)
said: "Exchange gifts, you will love one another." Narrated
by al-Bukhaari in al-Adab al-Mufrad. Ibn Hajar said:
its isnaad is hasan. It was also classed as hasan by
al-Albaani in Saheeh al-Adab al-Mufrad, 463.
What the hadeeth means is that giving gifts may
generate and increase love.
And Allaah knows best.
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34701: The obligation to treat co-wives fairly in giving gifts
Question:
I have two wives, and I want to buy some gold for one
of them as a gift. Is it permissible for me to do that, or
would this be unfair treatment of co-wives? Please note that
I do not fall short in giving the other wife her rights.
Answer:
Praise be to Allaah.
Whoever has two or more wives has to treat them
fairly. It is not permissible for him to single out one of his
wives with regard to spending, accommodation or spending
the night, to the exclusion of the others. There is a
stern warning issued to the one who has two wives and
does not treat them fairly. It was narrated that Abu
Hurayrah (may Allaah be pleased with him) said: The
Messenger of Allaah (peace and blessings of Allaah be upon
him) said: "Whoever has two wives and inclines more
towards one of them than the other, will come on the Day
of Resurrection with half of his body falling." According
to another version: "Dragging half of his body which
will be falling or leaning." Narrated by Imam Ahmad in
al-Musnad, 2/295, 347, 471. A similar hadeeth was
also narrated by al-Nasaa'i and Ibn Maajah in their
Sunans.
And it was narrated from Abu Hurayrah (may Allaah
be pleased with him) that the Prophet (peace and
blessings of Allaah be upon him) said: "Whoever has two
wives and inclines more towards one of them, will come on
the Day of Resurrection with half of his body
leaning." Narrated by Abu Dawood in his
Sunan, 2/601. Al-Tirmidhi narrated something similar in
al-Jaami'.
This evidence indicates that it is obligatory to treat
co-wives fairly and equally, and that it is haraam for
the husband to incline more to one of them in a way that
will hurt the other. This does not include the inclination of
the heart, for a person has no control over the inclination
of the heart. Hence the Messenger of Allaah (peace
and blessings of Allaah be upon him) used to divide his
time equally among his wives, and he said: "O Allaah, this
is my division of that which I can control, so do not take
me to task for that over which You have control and I
have no control" [meaning love in the heart].
Based on this, it is not permissible for this husband
to single out one of his wives with regard to something
over which he has control. If he gives a house etc to one of
his wives, he must treat all his wives equally in that
regard, and give a similar gift or something of equal value to
all of them, unless the second wife allows that.
Fataawa al-Lajnah al-Daa'imah (16/189).
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39488: It is not permissible for your father to accept
what is given to him because of his work
Question:
My father works for a company and some people
give him money or personal gifts at work. He stopped
taking this money but he soon went back to taking it. He
tells me, "I don't differentiate between those who give me
gifts and those who do not." What is the situation with
regard to the money we take from him, the food we eat and
the clothes and gold we wear; and what is the situation
with regard to our du'aa' to Allaah. When he gives us food
as a gift, should we accept it? Once he forced me to
accept clothes from some of these people. Is it permissible
for me to wear them?.
Answer:
Praise be to Allaah.
It is not permissible for your father to accept what is
given to him because of his work, because al-Bukhaari
(6636) and Muslim (1832) narrated from Abu Humayd
al-Saa'idi that the Messenger of Allaah (peace and blessings
of Allaah be upon him) appointed a man to collect
the zakaah, and when he had finished his work, the man
came and said, "O Messenger of Allaah, this is for you and
this was given to me as a gift." He said, "Why don't you sit
in the house of your father and mother and see whether
you get any gifts or not?" Then the Messenger of Allaah
(peace and blessings of Allaah be upon him) stood up after
`Isha' prayer, testified (to the Oneness of Allaah) and
praised Him as He deserves to be praised, then he said, "What
is the matter with a zakaah-collector whom we appoint,
then he comes and says, `This is for you, and this was given
to me as a gift.' Why does he not sit in the house of
his father and mother and see whether he receives any
gifts or not? By the One in Whose hand is my soul, no one
of you steals anything from it [the zakaah] but he will
come on the Day of Resurrection carrying it on his
shoulders, even if it is a camel that he brings groaning, or a cow
that he brings mooing, or a sheep that he brings bleating.
I have conveyed the message." Abu Humayd said:
Then the Messenger of Allaah (peace and blessings of
Allaah be upon him) raised his hand until I could see
the whiteness of his armpit.
So your father should be told what the Messenger
of Allaah (peace and blessings of Allaah be upon him)
said: " `Why don't you sit in the house of your father and
mother and see whether you receive any gifts or not?' _
because you are only getting these gifts because of the job to
which you have been appointed."
If that is the case, then these gifts belong to the job,
and he has no right to take them for himself.
Shaykh Ibn Baaz (may Allaah have mercy on him)
said: This hadeeth indicates that it is obligatory for the
person who is employed by the state to do the job for which
he has been appointed, and he has no right to take any
gift that has to do with his work. If he takes it then he
should put it in the bayt al-maal (public treasury), and it is
not permissible for him to take it for himself because of
this saheeh hadeeth, and because that is a means that leads
to evil and betraying trust.
From Fataawa `Ulama' al-Balad al-Haraam, p. 655
Ahmad and al-Bayhaqi narrated that the Prophet
(peace and blessings of Allaah be upon him) said: "Gifts
given to workers (employees) are ghulool (lit. stolen war
booty)" i.e., a betrayal. This hadeeth was classed as saheeh by
al-Albaani in Saheeh al-Jaami', no. 7021.
Your father's saying that he does not differentiate
between those who give him things and those who do not does
not alter the fact that this is haraam, but if he makes
things difficult those who do not give him anything, then
that makes his sin more serious.
His claim that he does not differentiate between
those who give him gifts and those who do not is
dubious, because gifts have an effect on the heart. Man is
created in such a way that he likes those who are kind to him,
so these gifts may make your father biased towards the
one who gave him the gift, so he may give him something
he is not entitled to. So let him fear Allaah, and refrain
from these haraam earnings, for all the pleasures of this
world are temporary, so how about if they are also haraam?
Whatever he has received of these gifts, it is
not permissible for you to take them or make use of
them, because this is haraam wealth,
Whatever you have saved from your father's salary
that he was paid in return for his permissible work, there
is nothing wrong with you benefitting from it.
With regard to the clothes that he forced you to take,
if they were bought for the regular price, there is
nothing wrong with you wearing them, but if he took them as
a gift or for a reduced price, you should not wear them.
Try to advise your father, and remind him of the
seriousness of haraam wealth, and encourage him to ask the
scholars so that they can dispel his doubts.
And Allaah knows best.
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11564: Accepting a gift from a kaafir
Question:
Is it permissible for a Muslim brother to accept a
gift from his kaafir or mushrik brother, or not?.
Answer:
Praise be to Allaah.
It s permissible for a Muslim to accept a gift from
his brother even if he is a kaafir or a mushrik, because
that will soften his heart and make him more open to
being guided to Islam.
And Allaah is the Source of strength.
Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah
wa'l-Ifta, 16/183 (www.islam-qa.com)
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11585: Giver buying the gift from the person to whom
it was given
Question:
A man gave his brother a car as a gift, then the one
to whom the gift was given wanted to sell the car. Can
the one who gave the car as a gift buy it or is it not
permissible for him to buy it?.
Answer:
Praise be to Allaah.
It is not permissible for the one who gave the gift to
buy the thing he gave to his brother. It was narrated that
`Umar (may Allaah be pleased with him) said: I gave a horse
(to someone to use in jihad) for the sake of Allaah, and
its owner neglected it. I thought that he would sell it for
a cheap price, and I asked the Messenger of Allaah
(peace and blessings of Allaah be upon him) about that. He
said, "Do not buy it from him even if he sells it to you for
a dirham, for the one who takes back his charity is like
the dog that goes back to its own vomit." Narrated by
al-Bukhaari, 2623; Muslim, 1620.
And Allaah is the Source of strength.
Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah
wa'l-Ifta', 16/184. (www.islam-qa.com)
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34658: He has been given money to help him get married
_ should he accept it?
Question:
One of my relatives sent me a large amount of money
on the occasion of my marriage, with the intention of
helping me. Should I accept it or is it better to be proud and
be content with what I have?.
Answer:
Praise be to Allaah. There is nothing wrong with
accepting it if you were not hoping for it, and reciprocating in
a suitable manner or making du'aa' for him, because
the Prophet (peace and blessings of Allaah be upon him)
said: "Whoever does you a favour, then respond in kind, and
if you cannot find anything to give him, then make
du'aa' for him (and keep doing so) until you think that you
have done enough."
Narrated by Abu Dawood and al-Nasaa'i.
And Allaah is the Source of strength.
Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah
wa'l-Ifta, 16/171 (www.islam-qa.com)
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34655: If I am given a gift should I give something
similar back to the giver?
Question:
One of the customs among the people in my village is
to give gifts and money on special occasions, and
the recipient of the gifts is expected to respond in kind
when other people have special occasions too.
What is the ruling if a special occasion arises and a
person does not have anything; does he have to give them a gift?.
Answer:
Praise be to Allaah.
It is mustahabb [preferable] for the one who is given
a gift to respond by giving something similar or
better, because the Prophet (peace and blessings of Allaah
be upon him) said: "Whoever does you a favour, then
respond in kind, and if you cannot find anything to give him,
then make du'aa' for him (and keep doing so) until you
think that you have done enough." Narrated by Abu
Dawood and al-Nasaa'i. But the people of the village should
not oblige a poor person to give them gifts like those
that they gave to him, rather what is prescribed in
sharee'ah is for the Muslim to give a gift and not expect
something back in return, rather he should hope for the reward
from Allaah. Whoever is given something is not obliged to
give something back to the giver, but if he does give
him something, that is preferable.
And Allaah is the Source of strength.
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6964: Accepting money from kaafirs
Question:
My wife who is a christian inherited some money. Iam
a muslim.I would like to know if I'm allowed to take
any of that money and spend it since Iam not the one
who inherited it and since it's her money now and she is
my wife. .
Also if she leaves her assets for me in a will incase
she passes away before me,would I be intitled to her assets ?.
Answer:
Praise be to Allaah.
1 _ There is no reason why you should not take from
the money that your wife has inherited, on condition that
that should be with her consent.
Allaah says (interpretation of the meaning):
"but if they, of their own good pleasure, remit any part
of it to you, take it, and enjoy it without fear of any harm
(as Allaah has made it lawful)."
[al-Nisa' 4:4]
Al-Qurtubi (may Allaah have mercy on him) said:
The phrase "but if they, of their own good pleasure,
remit any part of it to you, take it, and enjoy it without fear
of any harm" is addressed to husbands, and indicates that
it is permissible for a woman to give her mahr as a gift
to her husband, whether she was a virgin or
previously married. This is the opinion of the majority of
fuqaha'… The scholars are agreed that if a woman who is in
control of her own affairs gives her mahr to her husband, that is
a valid transaction and she cannot take it back.
Tafseer al-Qurtubi, 5/24, 25
In general, if a kaafir gives something to a Muslim
"of his own good pleasure", there is nothing wrong
with accepting it.
The Prophet (peace and blessings of Allaah be upon
him) ate with the Jews. (Narrated by al-Bukhaari,
2424; Muslim, 4060)
The king of Aylah _ a land on the seacoast _ who was
a kaafir, gave him a gift of a white mule and a cloak.
(Narrated by al-Bukhaari, 1411; Muslim, 1392).
The Negus paid the mahr of Umm Habeebah on his
behalf, and he was a kaafir.
It was narrated from Umm Habeebah that the
Messenger of Allaah (peace and blessings of Allaah be upon
him) proposed marriage to her when she was in the land
of Ethiopia. The Negus married her to the Prophet
(peace and blessings of Allaah be upon him), giving her on
his behalf her a mahr of four thousand dirhams, and
prepared her trousseau, and he sent her (to the Prophet (peace
and blessings of Allaah be upon him)) with Shurahbeel
ibn Hasanah. The Messenger of Allaah (peace and
blessings of Allaah be upon him) did not send anything to her.
The mahr of his wives was four hundred dirhams.
(Narrated by al-Nasaa'i, 3350; Abu Dawood, 2086;
al-Haakim, 2/181. al-Haakim classed it as saheeh and
al-Dhahabi agreed with him).
And there are many other similar incidents.
2 _ If she wills her possessions to you, and she
was following her own religion before she died, it is
also permissible for you to take these possessions, because
a will is different from inheritance. But if she did not
make a will and died, then it is not permissible for you to
inherit anything from her. The Prophet (peace and blessings
of Allaah be upon him) said: "The Muslim does not
inherit from a kaafir and the kaafir does not inherit from
a Muslim." (Narrated by al-Bukhaari, 6383; Muslim, 1614).
Imam Ibn `Abd al-Barr (may Allaah have mercy on
him) said:
It is proven from the narrations of the trustworthy
imaams that the Prophet (peace and blessings of Allaah be
upon him) said, "The Muslim does not inherit from the
kaafir." So everyone who goes against that, this hadeeth
is evidence against him. This is the view of all the
Sahaabah, Taabi'een and fuqaha' of various regions such as
Maalik, al-Layth, al-Thawri, al-Awzaa'i, Abu Haneefah,
al-Shaafa'i and all the scholars of hadeeth who spoke
on matters of fiqh, that a Muslim should not inherit from
a kaafir and a kaafir should not inherit from a
Muslim, following this hadeeth. And Allaah is the Source
of strength.
Al-Tamheed, 9/164
And Allaah knows best.
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22762: Teacher accepting a gift from the students
Question:
A teacher working in a Qur'aan memorization
school which belongs to al-Jamaa'ah al-Khayriyyah li
Tahfeez al-Qur'aan il-Kareem (Charitable organization
for memorization of the Qur'aan) does not receive
any payment for her teaching. At the end of the school
year, after the certificates have been given to the students,
they may give her a gift of gold or something similar. What
is the ruling on her accepting this gift? Refusing the
gift would break her students' hearts and upset
them, especially since she has given gifts to them.
Answer:
Praise be to Allaah.
If a student has completed her studies and will be
leaving the school, there is no bribery in this case. But if
the teacher-student relationship will continue, there is the
fear that this gift may cause the teacher to be biased in
favour of that student, so that she may overlook her
mistakes and not be fair to her and the other students.
Shaykh Ibn Jibreen (www.islam-qa.com)
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22754: Ruling on taking the gifts given to bosses
in companies and departments
Question:
I am an employee working in a government
department. I do my work according to my conscience and I apply
the laws, regulations and penalties to everyone. I do
not compromise any of the rights of the institution for
which I work, nor do I show favouritism, overstep the limits
or show preference to any client over another. Everyone
takes what is his right.
Is it permissible for me to deal with these companies
in my private life, knowing that when dealing with
them they will give me discounts and special prices that
are different from the prices they give to others, but this
is because of the personal relationship between me and
them and has nothing to do with the nature of my work?
Is there anything dubious in these dealings? Is it
permissible or not?
Is it permissible to accept promotional material from
these companies and institutions which we deal with,
whether it is valuable or not, noting that accepting these gifts
has no effect on letting anyone off or turning a blind eye
to any transgression of the rules, or showing lenience
to anyone who goes against the regulations?
What is the ruling on those in higher positions
receiving valuable gifts from these companies, noting that they
do not deal with them and there is no relationship
between them, and neither party knows the other? Can these
gifts be accepted with no shar'i reservations, noting that if
this official leaves this position he will never receive
such gifts and promotional material, because neither
party knows the other? The new official is the one who
will receive those gifts which are given to the person
who holds that position, with no attention given to who he
is. What is the ruling on people or individuals who do
not deal with those companies but who get those gifts
one way or another?
Answer:
Praise be to Allaah. There is nothing wrong with
dealing with companies on a personal basis, with nothing to
do with work, even if one is given discounts and treated
with special care because of that personal relationship.
Accepting gifts from clients is not permissible, rather
it is haraam, as stated in the hadeeth. Gifts offered to
an official because of his work belong to the work and
not to him; it is not permissible for him to keep anything
for himself and he must leave them for his work, because
if he were to sit in his house he would not have
received any of those gifts. The evidence for this is the
saheeh hadeeth narrated about a man who was given gifts
when he was working to collect the zakaah, and the
Prophet (peace and blessings of Allaah be upon him)
denounced him for that.
Shaykh `Abd al-Kareem al-Khudayr. (www.islam-qa.com)
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9810: Her father is asking her for some of her dowry
Question:
A girl is engaged to be married, and her father has
asked her to give him some of the mahr (dowry). Should
she give it to him?
Answer:
Praise be to Allaah.
Yes, she may give her father some of the dowry, if he is
in need, and giving it is better. If he is not in need, then it
is o.k, if she gives him whatever she wants, because she
is free and of sound mind, and she can dispose of it as
she wishes.
From the fatwas of Shaykh Muhammad Saalih al-`Uthaymeen, Majallat al-Daw'ah, issue no. 1823, p. 54.
(www.islam-qa.com)
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12599: Should a doctor accept the invitations of the
drug companies?
Question:
I am a Doctor.Can I receive gifts & dinner-offers
by medical representatives.They offer these things so
that we promote their drugs irrespective of price & quality
Answer:
Praise be to Allaah.
If you are a doctor working on your own account (i.e.,
in a clinic of your own), then it is permissible for you
to accept the invitations of these companies, on
condition that you do not let that influence the kind of
medicine you give to the sick. Rather you should prescribe the
best medicine for the patient, paying attention to the price,
or you should give him the freedom to choose. On this
basis, your acceptance of the invitations extended by
these companies should be to enable you to find out what
kind of medicines etc. they have to offer. By the same token,
if you are not working for yourself, if you accept
these invitations simply to acquaint yourself with the
company's products, that is o.k., but if that will make you
biased towards one company rather than another because of
these invitations or because of gifts that they have given to
you, then that is not right. If you are not working in your
own clinic, and you have influence in the hospital where
you work such that they will buy the kind of medicine
that you advise them to buy, then it is better to avoid
these invitations in order to be on the safe side.
Shaykh Sa'd al-Humayd. (www.islam-qa.com)
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22169: Ruling on differentiating between children in
gift-giving
Question:
Is it permissible for me to give something to one of
my children and not to his brothers? What if that is done
for a reason, such as his good attitude or his obeying
his parents?
Answer:
Praise be to Allaah. The scholars are agreed that it
is prescribed in Islam to treat children fairly when it
comes to gift-giving; they should not single out one or some
of them and not give to others.
Ibn Qudaamah said in al-Mughni (5/666): "There is
no dispute among the scholars that it is mustahabb to
treat children equally and that it is makrooh to
differentiate between them."
But there are differences of opinion concerning the
ruling on differentiating between them. The strongest views
in terms of evidence are two opinions _ and Allaah
knows best. These two opinions are:
1 _ That it is absolutely haraam to differentiate
between them. This is the well known view among the
Hanbalis (see Kashshaaf al-Qinaa', 4/310;
al-Insaaf, 7/138). This is also the view of the Zaahiriyyah (i.e., it is the
same whether the differentiation is done for a reason or for
no reason).
2 _ That it is haraam to differentiate between them
unless that is for a legitimate shar'i reason. This was
narrated from Ahmad (al-Insaaf, 7/139) and was the view
favoured by Ibn Qudaamah (al-Mughni, 5/664) and Ibn Taymiyah
(Majmoo' al-Fataawa, 31/295).
The evidence quoted by both groups that say that it
is haraam to differentiate between one's children is the
report narrated by al-Bukhaari (2586) and Muslim (1623)
from al-Nu'maan ibn Basheer, who said that his father
brought him to the Messenger of Allaah (peace and blessings
of Allaah be upon him) and said: "I have given this son
of mine a slave who used to belong to me." The
Messenger of Allaah (peace and blessings of Allaah be upon
him) said, "have you given a similar gift to all of your
children?" He said, "No." The Messenger of Allaah (peace
and blessings of Allaah be upon him) said, "Then take
(your gift) back."
According to another version (al-Bukhaari, 2587;
Muslim, 1623), al-Nu'maan ibn Basheer said: "My father gave
me a gift of some of his wealth, but my mother, `Amrah
bint Rawaahah, said, `I will not approve of it until you ask
the Messenger of Allaah (peace and blessings of Allaah
be upon him) to bear witness to it.' So my father went to
the Prophet (peace and blessings of Allaah be upon him)
to ask him to bear witness to the gift. The Messenger
of Allaah (peace and blessings of Allaah be upon him)
said to him, `Have you done the same for all of your
children?' He said, `No.' He said, `Fear Allaah and treat your
children justly.' So my father came back and took back that gift."
According to a version narrated by Muslim, the
Messenger of Allaah (peace and blessings of Allaah be upon
him) said: "O Basheer, do you have any other children?"
He said, "Yes." He said, "Have you given all of them a
similar gift?" He said, "No." He said, "Then do not ask me
to bear witness to this, for I do not bear witness to
injustice." The evidence in this hadeeth is clear:
1 _ The Prophet commanded justice, and a
command implies that it is obligatory.
2 _ He explained that showing preference to one child
or singling him out to the exclusion of the others is
falsehood and injustice, in addition to his refusal to bear witness
to it and his commanding him to take back his gift. All
of that indicates that differentiating between one's
children is haraam.
They also referred to the evidence of common sense:
Ibn Hajar mentioned in Fath al-Baari (5/214):
Among the evidence of those who say that it is
obligatory to treat one's children equally is the fact that
this (differentiating between children) is the first step that
may lead to something haraam, because cutting off family
ties and disobeying one's parents are two things which
are haraam, so that which leads to them may also be
haraam, and differentiating between one's children is
something that may lead to them.
This is supported by something which was mentioned
in a version narrated by Muslim (1623): "He [the
Prophet (peace and blessings of Allaah be upon him)] said,
`Ask someone else to bear witness to this.' Then he said:
`Would you like your children to all honour you equally?' He
said, `Of course.' He said, `Then do not do this.'"
Further evidence is the fact that preferring some of
them to others generates enmity and hatred between them,
and also between them and their parents, so that is not
allowed (al-Mughni, 5/664); this meaning is similar to
that mentioned above.
Those who favoured the second opinion, that it
is permissible to differentiate between one's children
when there is a need, a reason or an excuse, quoted as
evidence the hadeeth narrated by Maalik in
al-Muwatta', with his isnaad from `Aa'ishah (may Allaah be pleased with
her) who said that Abu Bakr al-Siddeeq had given her as a
gift twenty wisq of his wealth, but when he was on
his deathbed he said, "By Allaah, O my daughter, there is
no one whom I would like to see rich after I die more
than you, and there is no one whom it hurts me to see
poor after I die than you. I had given you twenty wisq, and
if you have already gone and collected them, then they
are yours, otherwise whatever I leave is to be divided
among all my heirs, who are your two brothers and your
two sisters, so divide it amongst yourselves according to
the Book of Allaah…" Ibn Hajar said in
al-Fath (5/215): its isnaad is saheeh.
The evidence from this hadeeth, is as Ibn
Qudaamah mentioned, "It may be that Abu Bakr gave it only
to `Aa'ishah because she was in need and was unable
to earn a living, even though she enjoyed a unique status
as one of the Mothers of the Believers, and other virtues."
(Adapted from al-Mughni, 5/665)
As justification for Abu Bakr's action, al-Haafiz said
in al-Fath (2/215): " `Urwah said concerning the story
of `Aa'ishah that her brothers and sisters had agreed to that."
(Kitaab al-`Adl bayna al-Awlaad, p. 22 ff)
Ibn al-Qayyim (may Allaah have mercy on him) said
that it is haraam in absolute terms in Ighaathat
al-Lahfaan, 1/540. He said: "If there were no clear saheeh Sunnah
reports that disallowed that, then by analogy and based on
the principles of sharee'ah and its concern for
people's interests and to protect them from evil, it would have
to be haraam."
Shaykh Ibn Baaz (may Allaah have mercy on him)
stated that it is absolutely forbidden to show preference to
some of one's children over others, and that it is obligatory
to treat them all equally, males and females alike,
in accordance with their shares of inheritance, unless
they give permission and are adults of sound mind.
(al-Fataawa al-Jaami'ah li'l-Mar'ah
al-Muslimah, 3/1115, 1116)
Shaykh Ibn `Uthaymeen (may Allaah have mercy on
him) said: it is not permissible for a man to give some of
his sons preferential treatment over others, but he
may differentiate between males and females, giving the
males double what he gives the females, because the
Prophet (peace and blessings of Allaah be upon him) said:
"Fear Allaah and treat your children fairly." So if he gives
one of his sons 100 dirhams, he has to give the other sons
100 dirhams each as well, and give the girls 50 dirhams
each, or else take back the money that he gave to the first
son. This that we have mentioned is to be applied in
cases other than the spending which is obligatory; with
regard to obligatory spending, he should give each one
whatever he needs. So if it so happens that one of his sons needs
to get married, and he gets him married and gives him
the mahr because the son is not able to pay the mahr, then
in this case he does not have to give all the other sons
the same as he gave to the one who needed to get
married, because getting one's children married is part of
spending on them. Here I want to draw attention to something
that some people do out of ignorance, which is when a
man has sons who have reached marriageable age, he gets
them married, and he has other children who are still small,
he makes a will saying that in the event of his death,
they should be given money equal to that which was spent
on the adult children. This is haraam and is not
permissible because this will is a will that gives something to an
heir, and willing something to an heir is haraam, because
the Prophet (peace and blessings of Allaah be upon him)
said: "Allaah has given everyone his due, so there is no
will for an heir." (This version narrated by Abu Dawood,
3565; al-Tirmidhi, 2/16 and others. The isnaad of this
version was classed as hasan by al-Albaani, and the version
"There is no will for an heir" was classed as saheeh in
al-Irwa', 6/87). So if he says, "I am leaving this money for them
in my will because I got their brothers married for a
similar amount," we say that if these young children
reach marriageable age before you die, then get them
married for the same amount of money as you got their
brothers married, but if they do not reach that age (before you
die) then you do not have to get them married.
Fataawa Islamiyyah, 3/30.
Islam Q&A
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10447: How to write a will
Question:
I checked in the Holy Quran in regards as how to make
a will. It's kind of complicated for me, that's why I
am hoping you can help me Insha Allah.
Can you please advise on how to make an islamic
will for a married woman.
1. Personal savings account.
2. Home & other realestate investment shared with
spouse. Personal belongings such as jewelries etc..I have
a husband, father,brothers, sisters, nephews and
nieces.Can you specify for me how to distribute
everything.Does everything needs to be distributed in shares or can I
give some things to a favorite niece for example just
because I want to.would that be going against the quranic law?
I look forward to your reply. Please try to reply to
my email adress personally because I really need to
know this. I know making a will is very important
islamically and I want to do it correctly.
Answer:
Praise be to Allaah.
There is a difference between a will and a gift.
Property that is willingly given away whilst one is alive
is considered to be a gift, which does not come under
the same rulings as a will. But it should be noted that it is
not permissible for a person to give a gift to some of
his children and not others, or to prefer some of them
over others in gift-giving. Rather they must be treated
fairly, because of the hadeeth of al-Nu'maan ibn Basheer,
who said that his father brought him to the Prophet (peace
and blessings of Allaah be upon him), when he gave him
a gift, to ask the Prophet (peace and blessings of Allaah
be upon him) to bear witness to it. The Prophet (peace
and blessings of Allaah be upon him) asked, "Have you
given something similar to all your children?" He said,
"No." He said, "Then take it back." Then he said: "Fear
Allaah and treat your children fairly."
(Narrated by al-Bukhaari, al-Hibbah, 2398)
With regard to the will, this is instructions on how
(one's property) is to be disposed of after one's death, or how
it is to be given away after one's death.
The evidence that this (writing a will) is prescribed
in Islam is to be found in the Qur'aan and Sunnah, and
the consensus of the scholars. Allaah says (interpretation
of the meanings):
"It is prescribed for you, when death approaches any
of you, if he leaves wealth, that he makes a bequest to
parents and next of kin, according to reasonable manners.
(This is) a duty upon Al-Muttaqoon (the
pious)"[al-Baqarah 2:180]
"(The distribution in all cases is) after the payment
of legacies he may have bequeathed or debts"[al-Nisa'
4:11]
The Prophet (peace and blessings of Allaah be upon
him) said: "Allaah was being generous to you when He
allowed you to give one-third of your wealth (in charity)
when you die, to increase your good deeds."
(Narrated by Ibn Maajah, al-Wasaayaa, 2700; classed
as hasan by al-Albaani in Saheeh Sunan Ibn
Maajah, no. 2190)
The scholars agreed that this is permissible.
And it (writing a will) may be obligatory with regard
to the dues of others where there is no proof, lest they
be lost or neglected, because the Prophet (peace and
blessings of Allaah be upon him) said: "It is not permissible
for any Muslim who something to will to stay for two
nights without having his last will and testament written
and kept ready with him." (Narrated by al-Bukhaari,
al-Wasaayaa 2533). And it is mustahabb for a man to
will that some of his wealth be used for charitable
purposes, so that the reward for that may reach him after his
death. So Allaah granted permission for a person to dispose
of one third of his wealth for that purpose when
death approaches.
It is permitted to write a will concerning one third or
less. Some of the scholars said it is preferable for it to be
less than one-third, and the will does not apply to any of
the heirs, because the Prophet (peace and blessings of
Allaah be upon him) said: "There is no will for the
heirs." (narrated by al-Tirmidhi,
al-Wasaayaa, 2047; classed as saheeh by al-Albaani in
Saheeh Sunan al-Tirmidhi, no. 1722). If the will is intended to harm the heirs or
make things difficult for them, then that is haraam,
because Allaah says (interpretation of the meaning):
"so that no loss is caused (to anyone)"[al-Nisaa'
4:12]
The will comes into effect when the person dies. It
is permissible for the person who writes the will to
revoke it or cancel it or revoke part of it. Carrying out the will
is an important matter which was confirmed by Allaah
and mentioned before other things, and there is a stern
warning issued to those who change it.
With regard to the distribution of personal
belongings, he does not have the right to state how they should
be distributed after he dies, because the share of each
heir has been defined by Allaah, and He has explained
who inherits and who does not inherit. So it is not
permitted for any person to transgress the limits set by
Allaah, because Allaah has warned against doing that. Allaah
says in Soorat al-Nisaa' (interpretation of the meaning):
"Allaah commands you as regards your
children's (inheritance): to the male, a portion equal to that of
two females; if (there are) only daughters, two or more,
their share is two-thirds of the inheritance; if only one,
her share is a half. For parents, a sixth share of
inheritance to each if the deceased left children; if no children,
and the parents are the (only) heirs, the mother has a third;
if the deceased left brothers or (sisters), the mother has
a sixth. (The distribution in all cases is) after the
payment of legacies he may have bequeathed or debts. You
know not which of them, whether your parents or your
children, are nearest to you in benefit; (these fixed shares)
are ordained by Allaah. And Allaah is Ever
AllKnower, AllWise.
In that which your wives leave, your share is a half
if they have no child; but if they leave a child, you get
a fourth of that which they leave after payment of
legacies that they may have bequeathed or debts. In that
which you leave, their (your wives) share is a fourth if you
leave no child; but if you leave a child, they get an eighth
of that which you leave after payment of legacies that
you may have bequeathed or debts. If the man or
woman whose inheritance is in question has left
neither ascendants nor descendants, but has left a brother or
a sister, each one of the two gets a sixth; but if more
than two, they share in a third, after payment of legacies
he (or she) may have bequeathed or debts, so that no loss
is caused (to anyone). This is a Commandment from
Allaah; and Allaah is Ever All Knowing, MostForbearing.
These are the limits (set by) Allaah (or ordainments
as regards laws of inheritance), and whosoever obeys
Allaah and His Messenger (Muhammad) will be admitted
to Gardens under which rivers flow (in Paradise), to
abide therein, and that will be the great success.
And whosoever disobeys Allaah and His Messenger (Muhammad), and transgresses His limits, He will
cast him into the Fire, to abide therein; and he shall have
a disgraceful torment"[al-Nisaa' 4:11-14]
And Allaah knows best.
For more information, see al-Mulakhkhas
al-Fiqhi by Saalih al-Fawzaan, 2/172-182
There is no reason why you should not give your
nephews and nieces whatever you want of your wealth whilst
you are alive. As they are not your own children, you are
not obliged to give to them all equally. You can give gifts
to those whom you love and to whomever you wish, or
to whoever among them is in need according to his or
her need. Try to give to those who are religiously
committed in ways that will help them to obey Allaah. It is
also permitted to bequeath to them one-third or less of
your wealth so long as they are not your heirs. And
Allaah knows best.
Islam Q&A
Sheikh Muhammed Salih Al-Munajjid (www.islam-qa.com)
Our Price: $13.50 Pages: 300 Downloadable
9329: Ruling on father taking back a gift that he had
given to his son
Question:
Is it permissible for a father to ask to take back a gift
that he had previously given to his son?
Answer:
Praise be to Allaah.
That is permissible if it serves a valid interest and if
the son is able to return it, because the Prophet (peace
and blessings of Allaah be upon him) said: "It is
not permissible for a Muslim man to give a gift and then
take it back, except in the case of a gift given by a father to
his son." (Narrated by Imaam Ahmad, Abu Dawood,
al-Tirmidhi, al-Nasaa'i and Ibn Maajah. Classed as
saheeh by al-Tirmidhi, Ibn Hibbaan and al-Haakim).
Majmoo' Fataawa wa Maqaalaat Mutnawwi'ah li Samaahat al-Shaykh al-`Allaamah `Abd al-`Azeez
ibn `Abd-Allaah ibn Baaz (may Allaah have mercy on
him), vol. 9, p. 300 (www.islam-qa.com)
Our Price: $13.50 Pages: 300 Downloadable
11505: He wants to open accounts to save money for
each of his children
Question:
I have some funds with me. I have four children and
I want to save some money for each one of them and
have tentatively planned the saved funds to be used
towards their education /marriage. My idea is to open one
bank account for each one of them and place equal or
different amount in each account. From my side I intend to
consider these amounts as their money (that is in their
milkiyyah). Suppose I need some money later at any stage for
day-to-day living of my family, I want to use it for this
purpose. This is because of a hearsay (as I have no hadith to
offer) that funds of children are funds of father. By the
way, except one, my children have not attained adult age.
I know I will have to pay Zakat on these amounts.
My questions are:-
How to achieve what I have planned religiously? Is
it allowed this way?
Can I use the money as explained above.
Answer:
You can open bank accounts for each of your
children, but on the condition that you treat them fairly, and do
not prefer any of the males over the others, or any of
the females over the others. So each male should have
the share of two females. This is an important matter
which must be paid attention to. If you need any of this
money, then you may take whatever you want, but you must
make sure that you are fair so that the amounts left are fair,
and that the males have twice the share of the females,
and you do not show preference to one child over another.
You must also pay attention to zakaah each time a
year passes. Try to find a bank that does not deal in ribaa
(if there is one) so that you will not be cooperating
in disobeying Allaah. We ask Allaah to give you strength.
Shaykh Sa'd al-Humayd (www.islam-qa.com)
Our Price: $13.50 Pages: 300 Downloadable
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