Q: In the year 2000 I got married, and because I assisted my parents to pay the bond, my mum was concerned how she will still expect me to help her because I was starting a new life. My brother in law (sister’s husband) Mr A told my mum Mrs J that he will help her pay off her bond. The bond was R240k, so he told us that he will put R200k and we must find the balance, which we did. Mr A’s ‘deal’ was that until my parents are alive they will live in the house, even if one had to pass away, the other will still live in the house. Mr and Mrs J were to have saw to the general expenses, lights and water, rates, plumbing problems etc etc.
In the event of the house being sold, Mr A would get his ‘expenses’, when asked at that time, what was the expenses we were told R240k including lawyers costs.
The house is on my name. During this time I travelled from Pta to Dbn since the title deeds of the said house was used by Mr A – he used the house as a guarantor, to take an overdraft from the bank which at that time I was told was being used for HIS business purposes, and I had to come and sign the documents for this.
On the 27th April 2011, Mr A made mention to Mrs J that the house expenses to him is now standing at R500K…. On the 17/05/2011, Mr A phoned Mrs J to say that arrangements must be made to transfer the house to himself.
At no time ever did Mr A state to us that the costs paid in the year 2000 will increase on an annual basis. Mr A states that the overdraft he took out at that time, we are liable to pay the interest on this. I then asked two questions:
- When did he stipulate that this cost of R240k (which we accepted as R200k cash and 40k lawyers costs) will increase on an annual basis to such an extent that it now is on R500k.
- When did we sell the house to him that a Transfer must take place?
Now since the 17/05/2011 after I asked these questions, Mr A says he just wants his ‘expenses’ of R500k, he doesn’t care if we take out a bond or whatever, he wants this costs! He maintains that he did tell us that if the house gets sold, he will get HIS EXPENSES – which I say again was NEVER ever told that it would be an annual increase or that we must pay the interest on the Overdraft that was taken out, I must add, for HIS business…
Please help urgently, what is the Shariah ruling for this DEAL?
A: He is only entitled to the amount that he has loaned. He is not entitled to anything beyond the capital amount.
الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَٰلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّـهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَن جَاءَهُ مَوْعِظَةٌ مِّن رَّبِّهِ فَانتَهَىٰ فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّـهِ وَمَنْ عَادَ فَأُولَـٰئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ ﴿البقرة: ٢٧٥﴾
وعن أنس قال : قال رسول الله صلى الله عليه وسلم : ” إذا أقرض أحدكم قرضا فأهدى إليه أو حمله على الدابة فلا يركبه ولا يقبلها إلا أن يكون جرى بينه وبينه قبل ذلك ” . رواه ابن ماجه والبيهقي في شعب الإيمان
وعنه عن النبي صلى الله عليه وسلم قال : ” إذا أقرض الرجل الرجل فلا يأخذ هدية ” . رواه البخاري في تاريخه هكذا في المنتقى
وعن أبي بردة بن أبي موسى قال : قدمت المدينة فلقيت عبد الله بن سلا م فقال : إنك بأرض فيها الربا فاش إذا كان لك على رجل حق فأهدى إليك حمل تبن أو حمل شعير أو حبل قت فلا تأخذه فإنه ربا . رواه البخاري )مشكاة ص246)
مطلب كل قرض جر نفعا حرام قوله ( كل قرض جر نفعا حرام ) أي إذا كان مشروطا كما علم مما نقله عن البحر وعن الخلاصة وفي الذخيرة وإن لم يكن النفع مشروطا في القرض فعلى قول الكرخي لا بأس به (الرد المحتار 5/ 166)
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)