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Darulifta Ahlesunnat
(Dawateislami)
Question
What do the Scholars of Islam and the Muftis of the Shari’ah
say regarding the issue that if a person has given a loan to his father and
brother, will it be necessary for them to return it? His father, who is
financially well-off, claims that whatever belongs to the son also belongs to
the father. So he is not required to repay the loan.
بِسْمِ اللہِ
الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ
الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
The statement made by the father is indeed derived
from a blessed Hadith and can be seen as a privilege for the son. According to
Islamic law, if the father is financially stable and not in need, it is not
permissible for him to retain any of his son's belongings without the son's
consent. Based on this principle of Shariah, the wealthy father's refusal to
repay his son's debt is unjustifiable. It is necessary for him to fulfil his
obligation by repaying the entire debt in accordance with Shariah.
When this is the ruling concerning the father, then
the brother is more obligated to promptly repay the debt owed to his brother
who graciously extended him a favour. A loan is considered a noble virtue and
an act of great charity and kindness. In fact, it holds a reward that is
eighteen times greater than regular charitable acts. Therefore, it is both
morally and religiously commendable to repay the loan in a timely manner and
express gratitude towards the lender. Failing to do so would be regarded as a
grave act of ungratefulness and ingratitude towards Allah Almighty.
Consequently, one would be held accountable in the divine court of Allah
Almighty in the afterlife.
Nevertheless, the son who loans money to his father
should recognize that his current state, as well as any future success and
blessings in this world and the hereafter, are indebted to his parents. It is
through the will of Allah Almighty that his parents became the means of his
existence and provided him with the upbringing and support to earn a living.
Considering these favours, he should treat his father with kindness and find
contentment in not seeking repayment of the debt. By doing so, he will
undoubtedly witness the rewards bestowed upon him in this life and the
hereafter. Showing kindness towards close relatives, particularly parents and
siblings, results in a higher level of obedience and goodness. Moreover, Allah
Almighty grants numerous blessings in this world to those who exhibit such
kindness, including: (1) an extended lifespan, (2) blessings in their
offspring, (3) abundance in sustenance, and (4) protection from a bad death.
In a Hadith narrated from Sayyiduna
Mu’aaz رَضِىَ اللهُ عَـنْهُ in Musnad Imam Ahmad, the Last and Beloved Prophet صَلَّى اللهُ عَلَيْهِ وَاٰلِهٖ وَسَلَّم said:
لاتعقن والدیک وإن أمراک أن تخرج من أھلک ومالک
Translation: Be careful not to disobey your parents, even if
they instruct you to leave your spouse, children, wealth, and everything.
Similarly, Imam Tabarani رَحْمَةُ اللهِ عَلَيْه has narrated in Mujam al-Awsat:
أطع والدیک وإن أخرجاک من مالک ومن کل شیئ
ھولک
Translation: Obey your parents, even if they separate you from
your wealth and everything you own.
After citing the aforementioned narrations, Imamأ-e-Ahl-e-Sunnat, A’la Hadrat Shah Imam Ahmad Raza
Khan رَحْمَةُ اللهِ عَلَيْه explains: "While these narrations emphasize the significance of
obedience, it is important to recognize that, according to Shariah law, the
wealth of the father and the son are considered distinct entities. If the
father finds himself in a position of need, he has the right to access the
surplus wealth of his son without explicit permission, but limited to essential
provisions such as food, drink, clothing, and housing. If necessary, this may
extend to a household servant."
There is a blessed Hadith in Sahih Bukhari:
من أحب أن یبسطہ لہ في رزقہ و ینسأ لہ في
أثرہ فیصل رحمہ
Translation: He who desires an expansion in his sustenance and
blessings in his wealth should maintain good relations with his relatives.
Narrated by Sayyiduna Ali
al-Murtaza رَضِىَ اللهُ عَـنْهُ:
من سرہ أن یمد لہ في عمر ہ، و یوسع لہ في
رزقہ، و یدفع عنہ میتۃ السوئ، فلیتق اللہ و لیصل
رحمہ رواہ عبداللہ ابن الإمام في زوائد المسند و البزار بسند جیّد و الحاکم
في المستدرک عن أمیر المؤمنین علي کرم اللہ تعالٰی وجھہ
Translation: Whoever desires a long and prosperous life,
abundant sustenance, and protection from an evil death should fear Allah
Almighty, and demonstrate kindness towards their relatives.
It is narrated in Imam Tabarani's Mu’jam al Awsat:
إن أعجل البر ثوابا لصلۃ الرحم حتی أن
أھل البیت لیکونون فجرۃ
فتنموا أموالھم و یکثر عددھم إذا تواصلوا
Translation: Undoubtedly, one of the most swiftly rewarded good
deeds is upholding family ties. Even if the family members are transgressors,
their wealth will grow and their numbers will increase, provided they maintain
strong bonds with one another.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَرَسُوْلُہ
اَعْلَم صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ
وَاٰلِہٖ وَسَلَّم
Answered By: Abu
Al-Raja Muhammad Noor ul Mustafa Attari al-Madani
Verified by: Mufti Abu al-Hasan Muhammad Hashim Khan Attari
Ref No: JTL-0739
Date: 10th Jumad al-Ukhra, 1444 A.H.
(January 3, 2023)