Five years ago, I (lender) loaned my brother in law (debtor) a large sum of money. Recently, while learning about debts, and the serious consequences of having debt, I decided to request from my brother in law that he start to make intention to pay off his debts to me. There was no written agreement, though there is no dispute around amount. Though I did not ask for the money back now, Alhumdalilla, he managed to find the sums owed to me. However, instead of giving me directly the money back, he gave the owed money to someone else (another member of my family) to give to me, then texted me “several days later” to tell me he had done so – he tells me he doesn’t see me that often, so it was easier to give to them instead of me, though in reality I live 10 mins from him, have a mobile phone, have msn, and am in the neighborhood, and the sum of money is very large.
My brother in law says he has cleared his debt because he has given the money, and Allah sbt knows his intention, and intention is everything in Islam. I have also learnt that the individual who he gave the money to owes him money in return. They say they will someday give me the difference back between their debt to brother in law and his debt to me.
I am left confused with this situation. On one hand my brother in law is telling me he has fulfilled his obligation to his debt making statements such as “as Allah is my witness” he has paid off his debt and Allah sbt knows his intention, he has fulfilled his obligation to me, cleared the debt, and I should try and get the money from this other person, and if I can’t its not his issue. On the other hand there is some fitna here from this other person as they are using the money to pay my brother in law back and upset me. I as the lender still have not received anything from anyone.
Since this is within my own family, this situation hurts personally. I am just looking for some advice on what does Islam say about debt in regards to the debtor repaying the lender directly and what is the obligation/relationship if any? Has my brother in law paid off his debt in this situation? Does he have any obligation to me as the lender, or is giving the money to someone else to give to me acceptable? His original intention may have been pure, but his actions seems strange especially concerning the way nothing was discussed with me until several days after the event, and adding to the fact he is aware they owe him money in return and wouldn’t give the money to me.
In the name of Allah, Most Gracious, Most Merciful
Assalaamu `alaykum waRahmatullahi Wabarakatuh
If your brother-in-law owes you money, it is his responsibility to pay you directly or ensure the money paid reached you. The money given by the brother-in-law to the third party is an amanah (Trust) in his hands. If he did not give you the money, the debt still stands. Your brother-in-law is not absolved from the debt. He is duly bound by Shariah to pay you. If he does not do so, he will be sinful.
And Allah Ta’ala Knows Best
Wassalamu Alaykum
Mufti Ebrahim Desai
Darul Iftaa, Madrassah In’aamiyyah