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Refusing to settle one’s debt

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: My brother took a loan from me for 2-3 days by telling me that he needs the money urgently and he had sold his shop and would get money in 2-3 days and pay me. But he was lying to me. He was under heavy debt taken from many people and was not selling his shop (I don’t know if he had a shop at all). He just wanted to take money from me.

Four years have passed and he has not returned a single penny. Had he told me the truth, I would have given him only a small amount of money as a loan, and not all my money from which I was making my earning. Now he is expecting to receive some money (about 25% of my loan) but he refused to pay me. The reason is that he wants to educate his daughter at a medical college and needed money for her.

My question is: If my brother gets any money, is he obliged to educate his children first or pay my loan first? He argues that his children are his responsibility. My argument is that I gave him all my money I was using to earn a living for my children.

Bismillaah

A: Obviously settling the debt is more important.

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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