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Money lent debt

Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh.  (May Allah's Peace, Mercy and Blessings be upon all of you)

 

One of our brothers/sisters has asked this question:

salaam, I hope you are in the best of health and I would like to thank you for the kind time you take out to answer everyone’s questions...

 

I had been led astray by me being ignorant but by Allah (swt)`s will I have been guided…

 

Brother my problem is that a year ago I helped a friend of mine out with lending them money to help repay some of their debts, it amounted to a lot of money which was given without the knowledge of my parents. We were at the time in a relationship where I had the intention to marry them but from which I surely repent and ask for forgiveness from the Almighty...

 

MashAllah they too have been guided and seek forgiveness for what they have done...lately my parents found out about the money and they are insisting that I get it back...I have asked the other person for the money but they wont give a clear answer, sometimes they say they will and not to worry and when I ask for it they ignore me. At the same time they keep asking me to forgive them for what they did, now the help I request from you is the answers according to the Qur’an and Sunnah to the following:


Whether I should forgive them?


What do you suggest I do about the money situation because I don’t want to keep contacting them?


Because I have lent that money to them do I have to pay zakaat on it?
I know the other person cares for me and I want to know if there is anything I can do to make them realise that I would to the best of my ability keep them happy and help them stay steadfast, he is now the best suiter for me as he is very much into the deen and becoming righteous…I did do Istikarah asking for help and guidance in whether I should wait for him and the very next day the person rang me after a very long time, and I always get a feeling that it will happen, now would these be seen as signs for me to wait or am I just assuming things?


I hope you can help me

BarakAllahufi

 

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

 

Answer:

 

Money lent debt

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person,  no grave, no prophet,  no imam,  no dai,  nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Your Question: What do you suggest I do about the money situation because I don’t want to keep contacting them?  Whether I should forgive them?
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 280:

280    If the debtor is in a difficulty grant him time till it is easy for him to repay.  But if ye remit if by way of charity, that is best for you if ye only knew.

 

Sahih Al-Bukhari HadithHadith 3.777 Narrated byAbu Huraira

Allah's Messenger (saws) owed a man some debt (and that man demanded it very harshly).  The companions of the Prophet (saws) wanted to harm him, but the Prophet (saws) said to them, "Leave him, as the creditor has the right to speak harshly."

 

If you have loaned someone something and the person does not pay it back on its stipulated time, you have basically three options:

  1. You have a right to demand that the loan be paid back to you on its agreed time; failing which, you are well within your rights to approach and seek help from the governing authorities (police, courts, etc.) and reclaim your right.
  2. If you feel the debtor is in a genuine difficulty and you grant him some extra time to repay your loan when his condition improves; it would be a great deed in your account worthy of handsome rewards from Allah Subhanah.
  3. And if you wish to forgive the loan and remit it by way of sadaqah or charity for the Sake of Allah Subhanah, that would be the absolute best and most noble way and a deed which will earn you huge rewards from your Lord Most Gracious.

 

If the debtor is genuinely in strained circumstances, and you could bring yourself to forgive him the loan for the sake of Allah Subhanah, Allah is our witness, the rewards you will earn in the Presence of your Lord Most Gracious on the Day of Judgment will be immeasurable.

 

Your Question: Because I have lent that money to them do I have to pay zakaat on it?

Because you are not in actual possession or control of the lent money, the majority of the scholars and jurists in Islam are of the opinion that you are not liable to pay zakah on the lent amount until you receive it.

 

Your Question: now would these be seen as signs for me to wait or am I just assuming things?

Dear and Beloved Sister in Islam, if your heart is inclined towards him, then instead of just waiting it would be prudent to mention your likeness for the brother to your parents or guardians and they could themselves, or alternatively through some common friend, send a proposal to the brother.  If the brother too has the same feelings which you have for him, then he would fulfill the marriage formalities and you would have your heart’s desire; and if the brother does not have the same feelings which you have for him, he would make it known and relieve you of this waiting and guessing. 

 

At times what happens is that a woman likes a brother and wishes to marry him, but due to social constraints, she just keeps it to herself and waits for the brother to initiate the proposal, which may or may not materialize.  Similarly a man may like a sister who is inclined towards him in her heart, but for one of many reasons, he keeps it to himself without expressing his intentions to her guardians for fear of reprisal or rejection; and in the absence of the man’s proposal or declaration, when another good proposal comes their way, the guardians or the girl accept what is in front of them.

 

There is absolutely no harm or restriction in Islam regarding who initiates the proposal to a marriage.

 

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me alone.  Allah Alone Knows Best and He is the Only Source of Strength.

 

Your brother and well wisher in Islam,

 

Burhan

 


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