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Dealing with a Forgotten Rip-Off & Reasonable Surety

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

I am asking about paying back a Cable Company I ripped off. I am not sure what the company was, but am reasonably sure. Do I pay back the company I am reasonably sure of?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Walaikum assalam,

The fiqhi maxim is that, “When certainty is not possible, one resorts to reasonable surety.”

The fuqaha mention, however, that for it to be of consequence, reasonable surety (ghalabat al-dhann) needs evidence. This evidence is usually one of three matters:

  1. Experience;
  2. Clear signs;
  3. Expert opinion (such as an upright Muslim doctor in medical issues).

Take all reasonable means to find out which cable company it was. Ask the person who was paying the bills at the time in your household. (Of course, it would be wrong to tell them why you are asking.)

After you have done this, pay the company that your are reasonably sure you owe money to. If they refuse to take it, just confirm that they absolve you of the debt, and your debt is cleared.

Wassalam,

Faraz Rabbani.

This answer was indexed from Qibla.com, which used to have a repository of Islamic Q&A answered by various scholars. The website is no longer in existence. It has now been transformed into a learning portal with paid Islamic course offering under the brand of Kiflayn.

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