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Debt, brothel, and Hajj

Answered as per Hanafi Fiqh by Qibla.com

Answered by Shaykh Faraz Rabbani

A brother is planning to go for hajj but he has a problem. In the past he went to a brothel but he had no money so he borrowed money from a friend. Considering he committed fornication with this money does he still have to pay it back. Secondly he visited the brothel again, again he had no money so he said to the prostitute he will pay her next time he comes in however the police raided the brothel and closed it down before he could pay her. What should he do with the money. He is worried his hajj wont be accepted if he has unpaid debts.

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

Walaikum assalam wa rahmatullah,

1. The debt is still due: it is he who sinned with the money. One’s errors do not wipe out others’ dues.

2. He does not need to pay the prostitute or do anything to clear his own dues: the contract between him and the lady was Islamically invalid in the first place.

Imam Sarakhsi (d. 483 AH) said in his Mabsut, a 30-volume work of fiqh, legal reasoning, and comparative fiqh discussion, which he dictated from memory to his students while unjustly jailed in a pot-well in Central Asia,

“Hire is not valid for any [sin such as] singing, wailing… and other baseless matters, because it is sin and hiring for sin is invalid. This is because the consequence of a contract is that the item of hire becomes legally binding to provide, and it is not permitted for a person to be legally obliged to sin.” [Sarakhsi, al-Mabsut, 16.38]

And Allah alone gives success.

Wassalam
Faraz Rabbani

قال شمس الأئمة السرخسي (رحمه الله تعالى) في المبسوط (16/38) ولا تجوز الإجارة على شيء من الغناء والنوح والمزامير والطبل وشيء من اللهو ; لأنه معصية والاستئجار على المعاصي باطل فإن بعقد الإجارة يستحق تسليم المعقود عليه شرعا ولا يجوز أن يستحق على المرء فعل به يكون عاصيا شرعا ,

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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