Brief Comments on Riyaadh al-Saaliheen #60

The prohibition of procrastination by a rich person in fulfilling his obligation

بـسـم الله والحـمـد لله والـصلاة والـسـلام عــلى رسـول الله، وبـعـد

[Sharh Riyaadh al-Saaliheen (6/302-305) of Shaikh al-`Uthaymeen رحمه الله]

Allaah تعالى says:

{إن الله يأمركم أن تؤدوا الأمانات إلى أهلها}

{Verily! Allaah commands that you should render back the trusts to those, to whom they are due} [Surah al-Nisaa’ (4): 58]

He تعالى also says:

{فإن أمن بعضكم بعضا فليؤد الذي اؤتمن أمانته}

{then if one of you entrust the other, let the one who is entrusted discharge his trust (faithfully)} [Surah al-Baqarah (2): 283]

Narrated Abu Hurairah رضي الله عنه: the Prophet صلى الله عليه وسلم said:

مطل الغني ظلم، وإذا أتبع أحدكم على مليء فليتبع

“Procrastination (delay) in paying debts by a wealthy man is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree.” [Saheeh al-Bukhaaree (2287, 2288, 2400) and Saheeh Muslim (4085)]

Shaikh al-`Uthaymeen رحمه الله said:

The author (Imaam al-Nawawee) رحمه الله mentioned in his book: “Chapter: Prohibition of procrastination by a rich person”, i.e. in the rights that others have on him. The act of delaying unnecessarily is injustice. If a person has some rights over another person and he asks him for it, but this (other) person keeps delaying it (unnecessarily), then this is injustice, forbidden and transgression.

A form of this (oppression) is what some of the sponsors do with those under their sponsorship. They (the sponsors), and Allaah’s refuge is sought, procrastinate (their dues) and harm them and do not give them (their rights). So one sees that this poor person – who has left his family and country behind in search for means of livelihood – waiting for four month, five months or even more, while the sponsor is procrastinating his dues. Allaah’s refuge is sought, he (the sponsor) also threatens him that if he complains (to the authorities), he will deport him. Do they not know that Allaah تعالى is above them and is Higher than them (in Might and Power) and (do they not fear) that He تعالى may appoint over them someone who will punish them severely (and put them in trials) even before they die. We ask Allaah for our wellbeing.

These (sponsored) are poor people and the Prophet صلى الله عليه وسلم said:

قال اللهُ : {ثلاثةٌ أنا خصمهم يومَ القيامةِ : رجلٌ أعطى بي ثم غدرَ ، ورجلٌ باع حرًّا فأكل ثمنَه ، ورجلٌ استأجرَ أجيرًا فاستوفى منهُ ولم يُعْطِه أجرَه} 

“Allaah تعالى said: {I will be against three persons on the Day of Resurrection: -1. One who makes a covenant in My Name, but he proves treacherous. -2. One who sells a free person (as a slave) and eats the price, -3. And one who employs a laborer and gets the full work done by him but does not pay him his wages.}” [Saheeh al-Bukhaaree (2227, 2270) on the authority of Abu Hurairah رضي الله عنه]

Allaah will be against these people on the Day of Judgment. We seek Allaah’s refuge from their state of affairs; and their plotting (against those under their sponsorship) is oppression. Every hour, rather every moment that passes by in which they do not fulfill the rights of others only increases their distance from Allaah, and Allaah’s refuge is sought. (Do they not know) that oppression is darkness on the Day of Judgment. [1]

[1] [Saheeh al-Bukhaaree (2447) on the authority of Ibn `Umar رضي الله عنهما and Saheeh Muslim (6471, 6472) on the authority of Jaabir ibn `Abdullaah and Ibn `Umar رضي الله عنهم that the Prophet صلى الله عليه وسلم said: (same as above)]

Then the author, as evidence, mentioned the saying of Allaah تعالى:

{إن الله يأمركم أن تؤدوا الأمانات إلى أهلها}

{Verily! Allaah commands that you should render back the trusts to those, to whom they are due} [Surah al-Nisaa’ (4): 58]

From the trust is (paying) the price agreed. If a person sells you something and you still owe him some money from that transaction, then that is a trust upon you. You should repay it as soon as possible, and it is not allowed for you to delay the payment.

As further evidence, the author also mentioned the Hadeeth of Abu Hurairah رضي الله عنه that the Prophet صلى الله عليه وسلم said:

“Procrastination in paying debts by a wealthy man is injustice. So, if your debt is transferred from your debtor to a rich debtor, you should agree.”

In this Hadeeth the Prophet صلى الله عليه وسلم gathered between (the two acts): -1. being good in carrying out (an obligation) and -2. being good in following (what is required from us). As for being good in carrying out the obligation, the Prophet صلى الله عليه وسلم said: “Procrastination in paying debts by a wealthy man is injustice”, it implies the command that a person should be proactive in fulfilling the rights (of others) and that he should not delay it (unnecessarily), otherwise he is an oppressor.

There are many, who when approached to pay the price or the fare, will say: “(I will pay) tomorrow or a day after it” etc while he has the money with him to repay it back. But it is the Shaitaan who plays with him; and as if were he to hold on to that money, it would increase (his wealth); and as if it would automatically payoff the debt. It is a strange behavior from them, those who behave foolishly and who have gone astray from their religion. Do they think that by just delaying the payment they will be able to get rid of the rights that others have on them? Never! He has to pay the rights, whether he pays it today or after ten days or after twenty years, it is only Shaitaan playing with them (and deceiving them).

And in the saying of the Prophet صلى الله عليه وسلم: “Procrastination in paying debts by a wealthy man is injustice” is also evidence that procrastination by a poor person is not injustice, especially when the person has nothing (with which to pay-off the debt). So procrastination on his part is not injustice, rather in this case, the oppressor is the one who forces him to pay back. Therefore, if your companion is a poor person, then it is binding upon you to consider the situation (and wait), neither asking it from him nor forcing him (by complaining against him to the authorities) as per the saying of Allaah تعالى:

{وإن كان ذو عسرة فنظرة إلى ميسرة}

{And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay} [Surah al-Baqarah (2): 280]

So Allaah تعالى has made it binding that one should give time to the insolvent to repay. But there are many people who might have lend out to a person knowing that he is poor, but they will still demand it back, dealing with him harshly, and complaining to the authorities, imprisoning him for failing to repay back while knowing that he is incapable of it, this is also Haraam and transgression.

The judge, when he comes to know that this person is poor, should reprimand the lender and to deal with because he is the oppressor as Allaah تعالى commanded him to wait:

{وإن كان ذو عسرة فنظرة إلى ميسرة}

{And if the debtor is in a hard time (has no money), then grant him time till it is easy for him to repay} [Surah al-Baqarah (2): 280]

And it is not allowed for the lender to say to the poor person: “Give me back my rights”, while he knows that he is poor.

And his صلى الله عليه وسلم saying: “So, if your debt is transferred from your debtor to a rich debtor, you should agree”; example: Zaid owes Bakr 100 Riyals and `Umar owes Zaid 100 Riyals. So Zaid says to Bakr: “I am transferring my debt of 100 Riyals to `Umar and he will repay you back.” Bakr cannot refuse this because the Prophet صلى الله عليه وسلم said: “So, if your debt is transferred from your debtor to a rich debtor, you should agree”; except if the person whom it is being transferred to is poor, or someone who procrastinates, or some close relative of the lender from whom he cannot demand nor complain to the authorities etc. Whatever the situation, the important thing here is, if there is a preventive factor, then there is no problem in refusing to accept the transfer of debt, but if there is no preventive factors, then he has to obey the commands of the Prophet صلى الله عليه وسلم who instructed to accept the transfer, when he صلى الله عليه وسلم said: “you should agree”.

The scholars have differed: Is it something obligatory or is it something preferable? The Hanbalee scholars رحمه الله were of the opinion that it is obligatory and that the lender should agree if his loan is transferred to someone who is capable. But most of the scholars said that it is something preferred. Whichever opinion one follows, no doubt it is better that one accepts the transfer of his debt except when there are preventive factors involved. And Allaah is the One who grants success.