(Series of Answers by the Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to the Questions of his Facebook Page Visitors)
To Ibrahim Abu Fathi
Question:
Our honorable Ameer, may Allah protect you and guide your steps.
Assalamu Alaikum Wa Rahmatullahi Wa Barakatuh
A person opened an interest-bearing account in one of the existing (Riba-based) banks, and it later became clear to him that interest had been added to his account. We know that Allah (swt) says in His definitive Revelation:
وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
"And if you repent, you shall have your capital sums. Deal not unjustly, and you shall not be dealt with unjustly." (Surah Al-Baqarah [2]: 279)
There are some contemporary sheikhs and scholars who permit taking this money instead of leaving it to the bank, under the pretext of not assisting the bank in haram (prohibition) and not committing another haram by leaving the interest to the bank.
The question is: What should he do with the money added to his capital? Is it permissible for him to take the interest money and spend it on the poor or use it to pay off his debt? Will he be rewarded for spending this money on the poor? Please answer us, may Allah bless you and guide your steps.
Answer:
Wa Alaikum Assalam Wa Rahmatullahi Wa Barakatuh
Before answering "what to do with the Riba money...", it is obligatory for the person dealing in Riba with the bank to terminate his usurious transaction immediately and repent to Allah (swt) with a sincere repentance (Tawbah Nasuha). Allah (swt) says:
يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّهِ تَوْبَةً نَصُوحًا
"O you who have believed, repent to Allah with sincere repentance." (Surah At-Tahrim [66]: 8)
And He (swt) says:
إِلَّا الَّذِينَ تَابُوا وَأَصْلَحُوا وَاعْتَصَمُوا بِاللَّهِ وَأَخْلَصُوا دِينَهُمْ لِلَّهِ فَأُولَئِكَ مَعَ الْمُؤْمِنِينَ وَسَوْفَ يُؤْتِ اللَّهُ الْمُؤْمِنِينَ أَجْرًا عَظِيمًا
"Except for those who repent, correct themselves, hold fast to Allah, and are sincere in their religion for Allah, for those will be with the believers. And Allah is going to give the believers a great reward." (Surah An-Nisa' [4]: 146)
At-Tirmidhi narrated from Anas that the Prophet (saw) said:
كُلُّ ابْنِ آدَمَ خَطَّاءٌ وَخَيْرُ الخَطَّائِينَ التَّوَّابُونَ
"Every son of Adam is a sinner, and the best of sinners are those who repent."
For repentance to be valid and for Allah (swt) to forgive the repentant for the sin, it is mandatory for the person to quit the sin, regret committing it in the past, and have a firm resolve never to return to it. If the sin involves the right of another human being, then it is a condition to return the grievances to their owners or obtain their clearance. If he has money taken from them by theft or usurpation, he must return the money to its owners and dispose of the ill-gotten gain in a Sharia-compliant manner, for the consequence of earning haram wealth is severe. Ahmad narrated from Abdullah bin Mas’ud that the Messenger of Allah (saw) said:
وَلَا يَكْسِبُ عَبْدٌ مَالًا مِنْ حَرَامٍ... إِلَّا كَانَ زَادَهُ إِلَى النَّارِ
"...and no servant earns wealth from what is forbidden... except that it will be his provision to the Fire."
At-Tirmidhi narrated from Ka’b bin ‘Ujrah that the Messenger of Allah (saw) said to him:
يَا كَعْبَ بْنَ عُجْرَةَ، إِنَّهُ لَا يَرْبُو لَحْمٌ نَبَتَ مِنْ سُحْتٍ إِلَّا كَانَتِ النَّارُ أَوْلَى بِهِ
"O Ka'b bin 'Ujrah, no flesh grows from ill-gotten gains (suht) except that the Fire is more deserving of it."
As for the bank interest on his money and how to dispose of it, the answer is as follows:
If he tells the bank, "I only want my capital," and the bank's regulations allow him to take his capital alone, then let him take his capital and that is enough...
However, if the bank's regulations do not allow this... and instead, it is legally required to take the interest with his capital all at once, otherwise they will not give him his capital; in this case, he takes his capital and the interest and then gets rid of the interest. He should place it in charitable avenues secretly without appearing as if he is giving it as Sadaqah (charity), because it is haram wealth; rather, what is required is to get rid of it. For example, he could send it to a mosque without anyone knowing, or send it to a poor family without them knowing who the sender is, in a manner that does not look like he is giving charity... or the like.
As for the reward for spending it, there is no reward for spending haram wealth. Spending it on good causes is not Sadaqah because it is not halal (permissible) wealth that he owns. However, inshAllah, he will be rewarded for abandoning the haram—meaning, for canceling his Riba transaction with the bank and getting rid of the forbidden money. Allah (swt) accepts repentance from His servants and does not waste the reward of those who do good deeds.
Your brother, Ata Bin Khalil Abu Al-Rashtah
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