Answered by Ustadh Tabraze Azam
Question: Assalam alaykum
My brother is taking care of our family by gambling (betting). I told him it is haram but he is not bothered. With this money he feeds us and take care of our needs. Is this money haram for us too?
Answer: Wa alaikum assalam wa rahmatullah,
There is some detail to this:
If the wealth coming into his possession is from separate lawful and unlawful sources [and managed separately], you can assume the maintenance he is providing your family with is coming from the lawful source as long as it is the majority of his wealth.
If his wealth is admixed [namely, with the lawful and unlawful], you can also assume the same to the extent of the lawful income he is bringing in. In the case of unclarity, make a reasonable judgement.
If all of his wealth is acquired through unlawful means, and you are genuinely unable to reasonably find a lawful income by which to feed yourself, it would be permissible for you to eat of the food provided by him.
The jurists have explained that you need to strive to make him desist from the wrong, emphasising the importance of a lawful income. But if he refuses to cooperate, you can eat from what is provided [according to the aforementioned conditions], and at the same time, you should repent and ask Allah Most High to grant you a way out.
Allah Most High says, “You who believe, do not wrongfully consume each other’s wealth but trade by mutual consent.” [4:29]
Generally, wealth acquired through unlawful means such as gambling (qimar) is impermissible to use and benefit from. The person who engages in such activity would be required to return the unlawfully acquired wealth to their requisite owners and repent for their wrongdoing.
[Ibn ‘Abidin, Radd al-Muhtar ‘ala al-Durr al-Mukhtar (5.247), quoting al-Hamawi; Usmani, Fiqh al-Buyu’ (2.997/1001)/Buhuth fi Qadaya Fiqhiyya Mu’asira (1.330)]
And Allah Most High knows best.
[Ustadh] Tabraze Azam
Checked and Approved by Shaykh Faraz Rabbani
Ustadh Tabraze Azam holds a BSc in Computer Science from the University of Leicester, where he also served as the President of the Islamic Society. He memorised the entire Qur’an in his hometown of Ipswich at the tender age of sixteen, and has since studied the Islamic Sciences in traditional settings in the UK, Jordan and Turkey. He is currently pursuing advanced studies in Jordan, where he is presently based with his family.