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Accepting a gift from a patient who owes one money

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I am a dentist, I did consult for patient and arranged specialist referral. I did not charge him. He was referred back for treatment which I carried out. I charged him half price R750. Normal R1500. Thereafter he asked for few days to arrange money to pay. I said no problem. A week later, he then gave me a gift of honey. The day after he gave me gift of honey he paid his account in full R750. I then did fillings for him but did not charge him. Is the gift of honey riba as at that time he owed me money?

Bismillaah

A: The hadith prohibits one from taking any benefit in exchange of the loan that one has provided. Since there is no loan given in this case, the honey that is gifted to you will not be regarded as ribaa.  

 قال ويكره السفاتج وهي قرض استفاد به المقرض سقوط خطر الطريق وهذا نوع نفع استفيد به وقد نهى الرسول عليه الصلاة والسلام عن قرض جر نفعا (الهداية 3/131)

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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