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Being unable to locate one’s creditor

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: 10 years ago there was a businessman whom we used to do business with. That guy became bankrupt and there were many people/businessman who this bankrupt guy owed money to. He ran away and till today no one knows his whereabouts. I owe an X amount to thus bankrupt guy. Can I give the X amount to someone who that guy owed money to so that I become free?

Bismillaah

A: You cannot do this. Keep that amount aside with the intention that if he comes you will repay him. If after a lengthy period of time there is no trace of him then give that amount in sadaqah on his behalf.

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

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Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: I would like to add that the person was a kafir, so how can I give sadaqah on his behalf?

And ten years have already passed, so what is the definition of lengthy period?

Bismillaah

A: Give it out in sadaqah. You do not have to intend that it is on his behalf.

The lengthy period will mean that where it becomes practically impossible to meet him again.

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

Answered by:

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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