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Creditors forfeiting their right

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I have taken a loan from some people. I have also done coaching under some teachers without paying them. It has been quite some years (i.e. almost 4) and now I have the capability to pay them back. But unfortunately, as I am seeing, some of them whom I have met to return their deserved money, they do not want to take it back! I had to beg them to accept the money. They just would not take it! They say, “Never mind, you don’t have to give it back. Oh come on! Leave it. I have a lot of money, I do not need to money,” and so forth. I feel that if they do not take it back that means I have not paid them the money back! So, after a long request they do. Please help me! I am about to meet my teachers and they are probably going to win! What will I do afterwards! What can they do instead of taking the lent money? Please help me Shaikh. Jazak Allah khair in advance. Please help me out!

Bismillaah

A: If they tell you that they have absolved you of paying back the loaned money and they do not want the money from you, you will not be sinful for not paying them as they have forfeited their haq.

And Allah Ta’ala (الله تعالى) knows best.

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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