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:

Assalamalaikum Brother,

Please consider the following case and advice me what to do:

We were to sell our house. They gave us some money in advance and it was decided that they will pay the rest of the money within the next one year. It was decided that if they were not able to do so, they will leave our house and we will pay their money back. But what happened was that neither were they able to pay the money nor we able to pay back their amount. They have been staying in our house for more than 8 years now. They have never paid us a rent but instead are demanding an interest on their money in addition to their original amount. My questions now are:

1. What should ideally be the solution to this situation?

2. If the issue does not settle for the ideal solution, can we use the money earned in interest through banks (which we have never touched for our personal use) be used to pay this interest that they are demanding?

Please send me a reply as soon as possible. I will be highly obliged.

Jazakallah Khair

(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:

Pay interest with interest

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 none 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 should ideally be the solution to this situation?

The ideal solution to this situation is only obvious; both parties should fulfill their end of the deal. The party that purchased the house should pay the balance amount; and if they are unable to pay the balance amount they should return the property back to you and as per your agreement, you should pay them back the advance amount they had paid.

Your Question: If the issue does not settle for the ideal solution, can we use the money earned in interest through banks (which we have never touched for our personal use) be used to pay this interest that they are demanding?

Allah says further in the Holy Quran Chapter 2 Surah Baqarah verse 278:

O Believers!, fear Allah and give up that ‘riba’ which is still due to you, if you are true believers. But if you do not do so, then you are warned of the declaration of war against you by Allah and His Messenger!

Allah says in the Holy Quran Chapter 4 Surah Nisa verse 161:

That they took ‘riba’, although they were forbidden. And that they devoured men’s substance wrongfully. We have prepared for those among them who reject faith a grievous punishment (of Hell Fire)!

Allah Says in the Holy Quran Chapter 3 Surah Ale-Imraan verses 130-132:

130 O ye who believe! Devour not ‘riba’ doubled and multiplied; but fear Allah; that ye may (really) prosper.

131 Fear the Fire which is prepared for those who reject faith.

132 And obey Allah and the Messenger; that ye may obtain mercy.

Allah Says in the Holy Quran Chapter 30 Surah Rome verse 39:

39 That which ye lay out for ‘riba’ through the property of (other) people will have no increase with Allah: but that which ye lay out for charity seeking the Countenance of Allah (will increase): it is these who will get a recompense multiplied.

Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 276:

276 Allah will deprive ‘riba’ of all blessings, but He will give increase for deeds of charity: for He loveth not creatures ungrateful and wicked.

Al-Tirmidhi Hadith 2829 Narrated by Ali ibn AbuTalib

Ali said he heard Allah's Messenger (saws) invoke the curse of Allah on those who took ‘riba’, those who paid it, those who recorded it, and those who refused to give sadaqah.

Respected sister, first and foremost, as a believer who sincerely fears Allah and the Last Day, it would not have been permissible and lawful for you to place the advance amount you had received to earn interest.

To indulge in any type or manifestation of ‘riba’ or interest is categorically unlawful for the believers who sincerely fear Allah and the Last Day……thus not only would it be unlawful for you in Shariah to take that ‘interest’ from the bank, it would also be another transgression to pay your dues with that ‘interest’ amount!

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