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Issue No. 1948Rules Regarding Debt or Loan

Usury of Loan

Issue No.1948- If a person who offers a loan makes a condition that he will take back more than what he gives, it will be usury and haram, irrespective of whether it is a commodity which is purchased and sold by weight, volume, or calculation. Rather, if he stipulates that the debtor should, apart from the repayment, do some work for him, or repay the loan along with a quantity of another commodity, for example, if he lays down the condition that the debtor should return the money taken on loan along with a quantity of another commodity (e.g., wheat) or if the creditor gives as loan a quantity of unmanufactured gold, and imposes the condition that the debtor should return him the same quantity but of manufactured gold, all these are usury and haram. However, if no condition is imposed by the creditor and the debtor himself decides to repay something more than what he borrowed, there is no problem in it, and it is rather recommended to do so.

Issue No. 1949Rules Regarding Debt or Loan

Giving Lucre is Haraam like Taking it

Issue No.1949- Giving a loan for interest is haram just like taking a loan along with interest, and one who has taken a loan with interest does not become its owner, and it is not permissible to make use of it. However, if the situation is such that the loaner is consent with the borrower making use of his money even though he would not pay interest, the person taking the loan may use it.

Issue No. 1951Rules Regarding Debt or Loan

Paying the Dress Price by the Money Earned from Usury or Halaal Money Mixed with Lucre

Issue No.1951- If a person purchases some clothes, and then pays the owner with the money earned from usury, or with halal money mixed with usury money, and if at the time of purchasing it, his intention was to pay for it from such money, it is not allowed to wear those clothes and perform prayer in them. However, if at the time of buying he did not intend to do so, but later on such an intention came to his mind, then the prayer offered while wearing such clothes is correct, yet since he paid the owner of the clothes with haram money he is still indebted to him.

Issue No. 1952Rules Regarding Debt or Loan

The Meaning of Sarf-e-Barat

Issue No.1952- One can give a sum of money to another person so that he may get less from his representative in another city and this is as if a person has exempted another from a portion of his dues to him. However, if he gives some money with the condition that after some time, he will take a larger amount from him in another town or city, for example, he gives £1000.00 to him and receives £1100.00 from him in another town, it is usury and haram.

Issue No. 1954Rules Regarding Hawala

The Method of Hawala Contract

Issue No.1954- If a debtor refers his creditor to collect his debt from a third person, and the creditor accepts the arrangement, the third person will become the debtor, and the first debtor is released from the debt.

Issue No. 1955Rules Regarding Hawala

The Condition of One who Gives Hawala

Issue No.1955- The debtor, the creditor and the person to whom collection is referred, should be mature and sane, and no one should have coerced them, and they should not be mentally incompetent, or be prevented from having discretion over their properties. However, there is no harm if a person who has been prevented from having discretion over his properties transfers the debt to a person to whom he is not indebted.

Issue No. 1956Rules Regarding Hawala

The Consent of One to whom Hawala is Given

Issue No.1956- If one refers his creditor to a person who is indebted to the former, it is necessary for him to accept it, but if he refers to a person who is not a debtor to him, it is not necessary for him to accept it. However, if one refers his creditor to a person who is indebted to the former but not the same commodity, for example, one who is indebted 100 kgs of wheat, refers the creditor [to his debtor] to get 100 kgs of barley instead, this will be in order, if the creditor accepts this referral.

Issue No. 1958Rules Regarding Hawala

The Amount and the Category of Hawala must be Fixed

Issue No.1958- The transferor and the creditor should specify the quantity of the transfer and its type, and if they do not do so, the transfer will be void. Hence, if the debtor tells the creditor to collect either one of his two debts from a certain person, that transfer will not be valid.

قرآن و تفسیر نمونه
مفاتیح نوین
نهج البلاغه
پاسخگویی آنلاین به مسائل شرعی و اعتقادی
آیین رحمت، معارف اسلامی و پاسخ به شبهات اعتقادی
احکام شرعی و مسائل فقهی
کتابخانه مکارم الآثار
خبرگزاری رسمی دفتر آیت الله العظمی مکارم شیرازی
مدرس، دروس خارج فقه و اصول و اخلاق و تفسیر
تصاویر
ویدئوها و محتوای بصری
پایگاه اطلاع رسانی دفتر حضرت آیت الله العظمی مکارم شیرازی مدظله العالی
انتشارات امام علی علیه السلام
زائرسرای امام باقر و امام صادق علیه السلام مشهد مقدس
کودک و نوجوان
آثارخانه فقاهت