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Fatwa ID: 87665
Title: Paying off haram wealth: follow up 87585
Category: Financial Transactions
Scholar: Dr. Hatem al-Haj
Date: 11/04/2012

Question

Salam alaykum I've further questions to my situation answered by Dr. Hatem al-Hajj (fatwa: 87585). Due to limited space I couldn't send all the questions. If I decide to pay off the wealth is it ok to use it to pay for my brother's college education because my father is of very limited means and we do not want to take loan in order to avoid interest on it? Some of haram wealth was used to buy wedding jewelery for my wife. Do I need to pay an amount equal to its value? Or since it is her property I'm not obliged to do anything? What about a couple of pieces of furniture that are use by both of us? I humbly request you to explain why you mentioned that it is optional to pay off haram wealth because I read otherwise another website.


Answer

 

All praise be to Allah and may His blessings and peace be on His last messenger,

 

The issue of riddance of haram earnings is controversial. While the scholars agree that money wrongfully earned through theft and seizure must be returned to the rightful owner and cannot be kept by its wrongful possessor, they disagree over money earned through mutual agreement on an illegitimate contract such as when a Muslim sells a haram-to-sell item to another. Imam Ibn Taymiyyah said that he may take of that money what he needs to spend or start a business. His point is that many Muslims live a life that is not compliant with the teachings of Islam. If we require of them upon repentance to give up all of their wealth and fast and pray all of what they missed, such would repel many away from repentance. If they were not Muslims, they would have all of their sins forgiven by acceptance of Islam, and they wouldn’t be asked to make up for the abandoned obligations or give up their wealth. He also quoted Allah’s saying,

"الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ... فَمَن جَاءَهُ مَوْعِظَةٌ مِّن رَّبِّهِ فَانتَهَىٰ فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ ۖ وَمَنْ عَادَ فَأُولَٰئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ"

 “Those who consume interest cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity … So whoever has received an admonition from his Lord and desists may have what is past, and his affair rests with Allah . But whoever returns to [dealing in interest or usury] - those are the companions of the Fire; they will abide eternally therein.” [Sahih International, 2:275]

It is still the position of the majority that money earned through haram means must be gotten rid of. Therefore, one who wants to ensure he is clear of haram is invited to rid himself of that money.

As for giving that money to a needy sister, that should be fine. This is because the stronger position is that one’s siblings are not his dependents to whom zakat may not be given. If you gave it to your wife, it became hers through a halal transaction, so no further action is needed. If the furniture is your wife’s, no further action is needed. If it is yours, then whatever applies to the money – as detailed here above - applies to the furniture.

 

Allah knows best.