Assalamlikum I had a plot of 262 sq.ft., my elder brother told me sell this plot and buy another place (due to some litigation) & sold around Rs.4,97,800/- for this intention to buy another plot in a prime location, more than 6 years back. After selling my elder brother asked for hand loan & I gave hand loan (kharzi hasana) to him Rs.270000/- for 3 month commitment only. Till today I did not get back the money. Even I used hard words after the maturity. He has the money but he is not giving, investing in real estate and earning money with my money. & I am waiting when he will return back my money I will by the plot. Now the land prices are so high & increased 13 to 15 times more in this 6 years timne. Even which I sold the above plot price 15 times increased. Due to block this hand loan money I did not invest the amount in plot. If I invested above sold plot amount in another plot present value will be around Rs.75 to 80 lakhs will get. For this I have lost lakhs of rupees. So requesting to provide me a fatwa above my lakhs of rupees loses. Now how much I have to collect with him? Actual amount or actual amount plus loses.
Answer:
(Fatwa: 882/692=L/1430)
It was injustice of part of your brother not to pay the debt at appointed time in spite of being to do so. It is narrated in Hadith: مطل الغني ظلم(delaying payment being able to do so is injustice). But, you can receive from him only the actual amount, not the amount as well as the loss, it will be interest which has been unlawful by the Quran and Hadith.
Allah (Subhana Wa Ta’ala) knows Best
Darul Ifta,
Darul Uloom Deoband