Fatwa n°: 527
Category: miscellaneous fatwas
About accepting the present of someone whose money is mingled with illicit gains
I have a sister who works in a commercial insurance company. I advised her many times but in vain. So, is it permissible for me to accept her gifts? Knowing that she has money that comes from inheritance.
All praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family, his Companions and his Brothers till the Day of Resurrection.
Money which comes from sources which are proven to be illicit, like usurious banks and insurance companies, characterized by risk and uncertainty which are prohibited, is not allowed to take as a gift or be spent on one’s favor; unless for those who are in dire need of it or are in necessity; these can take of it according to their need, but with disliking and disapproving it in accordance with Allah’s عزَّ وجلَّ saying:
﴿فَمَنِ اضْطُرَّ غَيْرَ بَاغٍ وَلاَ عَادٍ فَإِنَّ اللهَ غَفُورٌ رَحِيمٌ﴾ [النحل: 115].
The meaning of the verse:
﴾But if one is forced by necessity, without wilful disobedience, and not transgressing, then, Allâh is Oft-Forgiving, Most Merciful﴿ [An-Nahl (The Bees): 115].
One should also be discontented with things that are forbidden in the Sharia, in order to be innocent of sins as the Prophet صلَّى الله عليه وسلَّم said: “When sin is done in the earth, he who sees it and disapproves of it will be taken like one who was not present, but he who is not present and approves of it will be like him who sees it”(1).
If the money she inherited is a real estate or furniture, the ruling remains the same (i.e. permissibility). However, if this inheritance is money and it constitutes the majority [of her global money], and that she used only the money of inheritance to get this gift, it is then permissible to take advantage of it. If it gets mingled with other money in a way in which we can distinguish between licit and illicit money, we should act according to this distinction. Otherwise, if the majority of the money is licit, it will be licit to use it, and if the majority of this money is illicit or equal to the licit, he should leave it by way of piety.
The perfect knowledge belongs to Allah سبحانه وتعالى. Our last prayer is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be upon our Prophet, his Family, his Companions and his Brothers till the Day of Resurrection.
Algiers, Rabî`Al-Awwal, 7th, 1427 H.
Corresponding to: April 6th, 2006
(1) Reported by Abu Dâwûd (hadith 4345) from the hadith of Al-`Urs Ibn `Umayra Al-Kindi رضي الله عنه. This hadith is judged Hassan (good) by Al-Albâni in “Sahîh Al-Jâmi`” (hadith 689) and in “Al-Mishkât” (hadith 5069).
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