The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.1932- If a person specifies a property and says, for example, “If anyone finds my horse, I will give him this wheat”, the obligatory precaution is that he should specify its quantity as well as its particulars which are effective in its value, but if he does not specify a property and for example says, “Whoever finds my horse, I will give him 100 kgs of wheat”, he should specify the particulars of the wheat which will be effective in its value. However, if he does not fix a wage for this task and says, “Whoever finds my lost property, I will give him some money or a reward”, the agreement is void. If a person in this case undertakes that task, he should give him wages according to the usual value of this job, unless one can gather from the rewarder’s words that the amount he meant was less than that, in which case, he should give him the intended amount.

Issue No.1933- If the executor performs the task before the agreement is made, or performs it after the agreement but with the intention that he will not take any money, he is not entitled to demand wages.

Issue No.1934- If a person declares whoever finds his lost property he would give him half of it, while the executor is not aware of the particulars and the value of the lost property, the Ju‘ālah is void as an obligatory precaution.

Issue No.1935- Either parties can cancel the Ju‘ālah agreement before the work starts. They can also cancel it after the work starts, but if the rewarder cancels it, he should give the executor wages for the amount of work he has done.

Issue No.1938- Giving a loan is one of the very much recommended acts which has been greatly recommended in the Holy Qur’an and in the traditions of the Infallibles (as). The Holy Prophet has been reported to have said that whoever gives a loan to his Muslim brother, his wealth flourishes, and the angels invoke Divine mercy for him [1], and if he is lenient with his debtor, he will swiftly cross the Bridge (al-Ṣiraṭ) [2]. If a Muslim denies his brethren-in-faith a loan, Paradise becomes forbidden for him [3]. There is also a narration which indicates, “The reward for ṣadaqa (alms) is ten times as much as the ṣadaqa itself, and the reward for loan is eighteen times as much as the loan.

Issue No.1939- The loan agreement can be done either verbally or non-verbally. Hence, if a person gives something to another with the intention of loaning, and he takes it with the intention of borrowing, it will be in order.

Issue No.1941- If a period is fixed for the repayment of the debt in its contract, the creditor cannot claim repayment of the debt before the expiry of that period. However, if no such period was fixed, the creditor can demand the repayment of his debt at any time.

Issue No.1942- If a period is fixed for repayment of the debt in the formal contract of the debt, and the debtor wishes to pay his debt before the termination of time, the creditor does not have to accept it. In case however, specifying the time has been only to help the debtor and he pays his debt before the termination of time, the creditor should accept it.

Issue No.1943- If the creditor demands his debt at the time he is entitled to, and the debtor is in a position to pay it he should pay it immediately, and if he delays the payment, he has committed a sin. However, if the debtor does not possess anything other than the house he resides in, the household effects, and other essential objects, the creditor should wait and he cannot compel him to sell the things he needs. However, the debtor should endeavour to repay his debt through trade and work or other lawful ways to earn some money to pay his debt.

Issue No.1944- If a debtor has no access to his creditor, and does not have any hope in finding him, the obligatory precaution is that he should pay the amount he owes, with the permission of the Mujtahid or his representative, to poor people, whether they are sayyid or non-sayyid.

Issue No.1945- If the estate of a dead person does not exceed the obligatory expenses of his shroud, burial and the payment of his debt, his estate should be spent for these purposes and his heir will not inherit anything.

Issue No.1946- If a person takes a sum of current gold or silver money or other than that as a loan, and then its price drops or increases, he must give the same quantity which he had taken, whether its price has dropped or increased.