Question (Q-65)
A sheikh borrowed around £350,000 from me in various instalments and is now refusing to return the sum owed to me. What is the Islamic ruling about not returning entrusted items?
Answer:
Protecting the trusts of other people and returning them whenever their owners demand for them to be returned is a very important duty. To use the trusts or alter them in any way is Harām (prohibited). It is stated in a Blessed Hadīth,
عن ابن عمر رضي الله تعالي عنهما قال قال رسول الله صلي الله تعالي عليه وسلم لا إيمان لمن لا أمانة له ولا صلاة لمن لا طهور له
It is narrated by Sayyidunā ‘Abdullah Ibn ‘Umar (رضى الله عنهما) that the Messenger of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
“The one who is not trustworthy has no faith and whoever is not pure (does not have Wudhū) has no Salāh.”
The Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
“There are three signs of a hypocrite; When he speaks, he lies, when he promises, he breaks it and when he is trusted with something, he breaches the trust.” (Al Bukhārī and Muslim narrate this Hadīth from Sayyidunā Abū Hurairah رضي الله عنه)
The Noble Qur’ān emphasises the importance of giving back entrusted things,
إن اللّٰه يأمرکم أن تؤدّواالأمانات إلي أهلها
“Indeed Allah commands you to hand over whatever you hold in trust.” (Sūrah An Nisā, 4:58)
It is stated in Sahīh Al Bukhārī, Volume 1, Page 332, “Whoever wrongfully takes even a hand span of someone else’s land, on the Day of Judgement, all seven stations of the Earth will be hung around his neck and he will be buried inside them.”
If the owner gives you permission to use and benefit from whatever he has trusted you with, then this is no longer a trust (Amānah). It is rather a debt. Therefore, whenever the creditor asks for his debt to be fulfilled, it is obligatory for the debtor to return it instantly and it is severely Harām (impermissible) to delay fulfilment of the debt.
The Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) said,
مطل الغني ظلم
“Delaying fulfilment of a debt without a valid reason by the one who is capable is oppression.” (Al Bukhārī, Volume 1, Page 305)
Debt is such a big test that the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) used to mention it alongside disbelief and he would then seek the protection of Allah (تعالى) from both,
أعوذ بالله من الكفر والدين
“I seek the protection of Allah (تعالى) from disbelief and debt.”
A man asked “O Messenger of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) is debt equal to disbelief?” The Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) answered, “Yes.” (Musnad Al Imām Ahmad, the Narrations of Abū Sa’īd Al Khudrī, Volume 3, Page 428)
The Messenger of Allah (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) also taught the following prayer,
اللهم اقض عنا الدين
“O Allah! Provide us means to pay back our debts.” (Sahīh Muslim, Volume 2, Page 348)
In fact, if the Funeral of a person in debt was bought to the Holy Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) he would tell the people to pray it but would not pray the Funeral prayer himself despite being the Embodiment of Mercy.
Sayyidunā Jābir رضي الله عنه stated in one of his Narrations,
كان النبي صلي الله تعالي عليه وسلم لا يصلي علي رجل عليه دين
“The Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) did not pray the Funeral prayer of a man who owed debt.” (An Nasaī, Volume 1, Page 278, Chapter on Funerals)
Therefore, one should fulfil debts as soon as possible. It is impermissible to delay fulfilment of debt without a valid reason. It is stated in Radd ul Muhtār, Volume 4, Page 189 (Published in Pakistan),
التأجيل في القرض باطل
“Delay in fulfilling debt is wrong.”
Islamic Law emphasises returning debts to such an extent that if a debtor passes away then it is necessary for his inheritors to pay off his debt using the money that he leaves behind. Similarly, if the creditor passes away then it is necessary for the debtor to pay his inheritors. If the creditor does not have any inheritors or the debtor cannot find them, then he should try his best to find them. If the debtor cannot find the inheritors even after these efforts, then he should donate the debt as Sadaqah on behalf of the creditor.
It is stated in Radd ul Muhtār, Volume 3, Page 353 (Pakistani Publication),
ان علم الوارث دين مورثه فعليه أن يقضيه من المتروكة وان لم يقض فهو مؤاخذ به في الآخرة وان لم يجد صاحب الدين ولا وارثه قتصدق عن صاحب الدين وبريء في الآخرة اه مختصرا
“If the inheritor is aware of debt being owed by the deceased from whom he is inheriting then it is necessary upon the inheritor to fulfil the debt from the estate. If he does not fulfil it then he will be taken to account for it in the hereafter. If he does not find the creditor nor his inheritor, then he should give Sadaqah (charity) on behalf of the creditor and he will be free from responsibility in the hereafter…”
Therefore, even if a scholar delays the return of a debt and makes invalid excuses then he is a severe sinner, he has failed in his duties to other human beings and he is worthy of punishment in Hell and Allah’s (تعالى) Wrath. He should fear the Day of Recompense,
يوم لاينفع مال ولا بنون
“The day when neither wealth will benefit nor will sons.” (Sūrah Ash Shu’arā, 26:88)
Allah (تعالى) is Most Knowing.
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
