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Do forgotten debts have to be repaid

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

Assalaamu Alaykum,

I understand that on borrowing money we should write these down aswell as fix an agreed repayment date. Not documenting this can result in one party forgetting that they owe money to another.
My question is that if the party who has lent the money knows that the other party having totally forgotten about it, and they don’t mind them not ever paying it back. is this allowed?

For example, I borrowed money to a brother, and he has forgotten about it, personally i wouldn’t mind him never paying it back, or having to remind them. Am I sinful for not reminding them? Or are they sinful even if I should forgive and forget this loan of theirs?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam wa rahmatullah,

I pray that this finds you well, and in the best of health and spirits. May Allah grant you all good and success in this life and the next.

Unless the lender clearly and unequivocally affirms that they don’t expect repayment, one would remain responsible to repay in full.

This is because “the basis is that things remain as they were,” as the fiqh maxim affirms. [Majalla] Thus, if one owed someone money, the debt is considered to remain, until there is clear proof to the contrary.

And Allah alone gives success.

Faraz Rabbani

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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