Series of Answers by the Eminent Scholar Ata Bin Khalil Abu Al-Rashtah, Ameer of Hizb ut-Tahrir, to Questions from Visitors of his Facebook Page "Fiqhi"
Answer to a Question
To: Mohammad Abu Khudeir
Question:
Assalamu Alaikum. Could you also clarify for us the opinion of Abu Hanifa, Sufyan al-Thawri, and others that there is no riba in Dar al-Kufr, citing the hadith ("There is no riba in Dar al-Kufr"), the dealings of Al-Abbas in riba in Dar al-Kufr, and also that Abu Bakr bet with the polytheists in Mecca and the Messenger (pbuh) participated with him? Is it permissible to follow such opinions? Especially for those for whom the world has become constricted despite its vastness. I hope you send this to the Ameer and send it to me privately, with thanks.
Answer:
First: Riba is haram (prohibited) in all its cases, whether it is in Dar al-Islam or in Dar al-Kufr. Its evidences have been revealed as general without specification and absolute without restriction, as seen in the Sharia texts from the Book of Allah (swt) and the Sunnah of His Messenger ﷺ:
- Allah (swt) says:
الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ * يَمْحَقُ اللَّهُ الرِّبَا وَيُرْبِي الصَّدَقَاتِ وَاللَّهُ لَا يُحِبُّ كُلَّ كَفَّارٍ أَثِيمٍ
"Those who consume riba cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity. That is because they say, 'Trade is [just] like riba.' But Allah has permitted trade and has forbidden riba. 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 riba or saying it is like trade] - those are the companions of the Fire; they will abide eternally therein. Allah destroys riba and gives increase for charities. And Allah does not like every sinning disbeliever." (QS. Al-Baqarah [2]: 275-276)
يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ * فَإِنْ لَمْ تَفْعَلُوا فَأْذَنُوا بِحَرْبٍ مِنَ اللَّهِ وَرَسُولِهِ وَإِنْ تُبْتُمْ فَلَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
"O you who have believed, fear Allah and give up what remains [due to you] of riba, if you should be believers. And if you do not, then be informed of a war [against you] from Allah and His Messenger. But if you repent, you may have your principal - [thus] you do no wrong, nor are you wronged." (QS. Al-Baqarah [2]: 278-279)
- The Messenger ﷺ says in what was narrated by Muslim from Ubadah bin as-Samit, who said: The Messenger of Allah ﷺ said:
الذَّهَبُ بِالذَّهَبِ وَالْفِضَّةُ بِالْفِضَّةِ وَالْبُرُّ بِالْبُرِّ وَالشَّعِيرُ بِالشَّعِيرِ وَالتَّمْرُ بِالتَّمْرِ وَالْمِلْحُ بِالْمِلْحِ مِثْلاً بِمِثْلٍ سَوَاءً بِسَوَاءٍ يَداً بِيَدٍ فَإِذَا اخْتَلَفَتْ هَذِهِ الْأَصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ إِذَا كَانَ يَداً بِيَدٍ
"Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt - like for like, equal for equal, hand to hand. If these types differ, then sell as you wish, provided it is hand to hand."
Muslim also narrated from Abu Sa’id al-Khudri that the Messenger of Allah ﷺ said:
الذَّهَبُ بِالذَّهَبِ وَالْفِضَّةُ بِالْفِضَّةِ وَالْبُرُّ بِالْبُرِّ وَالشَّعِيرُ بِالشَّعِيرِ وَالتَّمْرُ بِالتَّمْرِ وَالْمِلْحُ بِالْمِلْحِ مِثْلاً بِمِثْلٍ يَداً بِيَدٍ فَمَنْ زَادَ أَوْ اسْتَزَادَ فَقَدْ أَرْبَى الْآخِذُ وَالْمُعْطِي فِيهِ سَوَاءٌ
"Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt - like for like, hand to hand. Whoever increases or seeks an increase has dealt in riba; the receiver and the giver are the same in it."
- Abu Dawud narrated in his Sunan from Ubadah bin as-Samit that the Messenger of Allah ﷺ said:
الذَّهَبُ بِالذَّهَبِ تِبْرُهَا وَعَيْنُهَا وَالْفِضَّةُ بِالْفِضَّةِ تِبْرُهَا وَعَيْنُهَا وَالْبُرُّ بِالْبُرِّ مُدْيٌ بِمُدْيٍ وَالشَّعِيرُ بِالشَّعِيرِ مُدْيٌ بِمُدْيٍ وَالتَّمْرُ بِالتَّمْرِ مُدْيٌ بِمُدْيٍ وَالْمِلْحُ بِالْمِلْحِ مُدْيٌ بِمُدْيٍ فَمَنْ زَادَ أَوْ ازْدَادَ فَقَدْ أَرْبَى وَلَا بَأْسَ بِبَيْعِ الذَّهَبِ بِالْفِضَّةِ وَالْفِضَّةُ أَكْثَرُهُمَا يَداً بِيَدٍ وَأَمَّا نَسِيئَةً فَلَا وَلَا بَأْسَ بِبَيْعِ الْبُرِّ بِالشَّعِيرِ وَالشَّعِيرُ أَكْثَرُهُمَا يَداً بِيَدٍ وَأَمَّا نَسِيئَةً فَلَا
"Gold for gold, its raw form and its coined form; silver for silver, its raw form and its coined form; wheat for wheat, measure for measure; barley for barley, measure for measure; dates for dates, measure for measure; and salt for salt, measure for measure. Whoever increases or seeks an increase has dealt in riba. There is no harm in selling gold for silver and the silver being more than it, as long as it is hand to hand, but as for credit, then no. And there is no harm in selling wheat for barley and the barley being more than it, as long as it is hand to hand, but as for credit, then no."
- Much has been mentioned in our books regarding the issue of riba. It states in The Economic System, pages 250-254 of the Word file:
"Riba and Exchange (Sarf): Riba is taking wealth for wealth of the same kind with an increase. Sarf is taking wealth for wealth of gold and silver of the same kind equally, or of two different kinds, equally or with an increase. Sarf only occurs in selling, while riba occurs in selling, loans, or salam (advance payment)...
Riba in selling and salam only occurs in six things: dates, wheat, barley, salt, gold, and silver. A loan can occur in everything; it is not permissible to lend something to be returned to you in a lesser or greater amount, nor of another type at all, but rather identical to what you lent in type and amount. The difference between selling and salam, and a loan, is that selling and salam occur in one type for another, and in a type for its own type, whereas a loan can only occur in a type for its own type. As for riba being in these six types only, it is because the consensus (ijma) of the Sahaba was reached on them, and because the Messenger of Allah ﷺ says:
الذَّهَبُ بِالذَّهَبِ وَالْفِضَّةُ بِالْفِضَّةِ وَالْبُرُّ بِالْبُرِّ وَالشَّعِيرُ بِالشَّعِيرِ وَالتَّمْرُ بِالتَّمْرِ وَالْمِلْحُ بِالْمِلْحِ مِثْلاً بِمِثْلٍ سَوَاءً بِسَوَاءٍ يَداً بِيَدٍ فَإِذَا اخْتَلَفَتْ هَذِهِ الْأَصْنَافُ فَبِيعُوا كَيْفَ شِئْتُمْ إِذَا كَانَ يَداً بِيَدٍ
'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt - like for like, equal for equal, hand to hand. If these types differ, then sell as you wish, provided it is hand to hand.' (Narrated by Muslim from Ubadah bin as-Samit).
So the consensus and the hadith specified certain things in which riba occurs, so it is only established in them. No evidence for prohibition has been reported in other than these six types, so riba does not exist in others. Everything that is of the same genus and to which their description applies is included. As for anything else, it is not included. As for the reasoning (ta'lil) for the prohibition in these things, it was not mentioned in the text, so it is not reasoned; because the reason (illah) is a Sharia reason, not a rational one. As long as the illah is not understood from a text, it is not considered. As for the analogy of the illah (qiyas al-illah), it does not apply here; because for the analogy of the illah to be valid, the thing considered as an illah must be an intelligible description (wasf mufhim) so that it is correct to perform analogy upon it. If it is not an intelligible description, such as being a concrete noun (ism jamid), or an unintelligible description, then it is not fit to be an illah, and nothing else can be measured against it..." [End of quote from The Economic System]. This has been detailed in the same chapter, and it can be referred to.
All this indicates that riba is haram wherever it is; there is no difference between Dar al-Islam and Dar al-Harb (the Abode of War). This is because the texts prohibiting riba are general and not specified, and absolute and not restricted. The majority of jurists hold this view.
Second: As for what was narrated from the Hanafis that it is permissible in Dar al-Harb, this is the madhhab (school) of Abu Hanifa and his student Muhammad bin al-Hasan (though Abu Yusuf disagreed with them)...
Regarding the evidences you mentioned in your question that they use concerning Al-Abbas and Abu Bakr, they are subject to scrutiny:
1- The issue of Al-Abbas (ra): Abu Ja'far al-Tahawi (d. 321 AH) says in his book Bayan Mushkil al-Athar under the title "Chapter explaining the problematic nature of what was narrated from the Messenger of Allah ﷺ regarding what Muhammad bin al-Hasan used as evidence for what Abu Hanifa used to say about the permissibility of riba between Muslims and polytheists in Dar al-Harb": In this chapter, Al-Tahawi says:
"...In these reports, riba was on that day haram in Dar al-Islam among the people of Islam. Then we find that the Messenger of Allah ﷺ said in his sermon during the Farewell Pilgrimage, as narrated by Al-Rabi' al-Muradi: (from Jabir bin Abdullah (ra) that the Messenger of Allah ﷺ said in his sermon on the day of Arafah during the Farewell Pilgrimage:
وَرِبَا الْجَاهِلِيَّةِ مَوْضُوعٌ وَأَوَّلُ رِباً أَضَعُهُ رِبَا العَبَّاسِ بْنِ عَبْدِ الْمُطَّلِبِ فَإِنَّهُ مَوْضُوعٌ كُلُّهُ
'The riba of the Jahiliyyah is abolished, and the first riba I abolish is the riba of Al-Abbas bin Abdul Muttalib; it is all abolished.')
He adds: (From Amr bin al-Ahwas, who said: I heard the Messenger of Allah ﷺ say:
أَلَا إِنَّ كُلَّ رِباً مِنْ رِبَا الْجَاهِلِيَّةِ مَوْضُوعٌ، لَكُمْ رُءُوسُ أَمْوَالِكُمْ لَا تَظْلِمُونَ وَلَا تُظْلَمُونَ
'Indeed, every riba from the riba of the Jahiliyyah is abolished. You shall have your principal sums; you will not wrong, nor will you be wronged.')
...In this, there is evidence that riba in Mecca was ongoing when it was Dar al-Harb until it was opened (conquered), because the departure of Jahiliyyah was only by its opening. The statement of the Messenger of Allah ﷺ, 'the first riba I abolish is our riba, the riba of Al-Abbas bin Abdul Muttalib,' indicates that Al-Abbas’s riba was ongoing until the Messenger of Allah ﷺ abolished it; because he only abolishes what was established, not what had already fallen before he abolished it...
In this, there is evidence that Al-Abbas had riba until the opening of Mecca, and he had been a Muslim before that. This indicates that riba was permissible between Muslims and polytheists in Mecca when it was Dar al-Harb, while it was at that time haram between Muslims in Dar al-Islam... as stated by Abu Hanifa and Al-Thawri...)" [End quote].
The weightier answer in this regard is:
a- This cannot correctly be used as evidence that Al-Abbas was dealing in riba with the people of Mecca because it was Dar al-Harb, because Mecca became Dar al-Islam from the time of its opening, and the opening was more than two years before this hadith was spoken ("and the first riba I abolish is the riba of Al-Abbas bin Abdul Muttalib")! If the Messenger ﷺ had said this at the opening of Mecca, it would have some basis, but for the hadith to be reported two years later, the basis of deduction is thus incorrect.
b- Furthermore, the attribution of riba to Jahiliyyah in the hadith ("Indeed, every riba from the riba of Jahiliyyah is abolished") may imply that this riba was before Al-Abbas's Islam, because Jahiliyyah refers to the pre-Islamic era. Accordingly, the weightier meaning of the hadith is that Al-Abbas was dealing in riba before his Islam and had interest due from borrowers. The Prophet ﷺ forbade him from taking it, "but if you repent, you may have your principal," and informed that this riba is waived.
2- As for their deduction from what they said: ("And because Abu Bakr al-Siddiq (ra) bet the polytheists of Quraish before the Hijra when Allah (swt) revealed: {Alif, Lam, Meem. The Romans have been defeated...} the verse. Quraish said to him: Do you see that the Romans will win?! He said: Yes. They said: Will you stake against us? He said: Yes. So he staked against them, then he informed the Prophet ﷺ, and the Prophet ﷺ said: 'Go to them and increase the stake.' So he did, and the Romans defeated the Persians, so Abu Bakr took his stake; the Prophet ﷺ permitted it, and it was the very essence of gambling between Abu Bakr and the polytheists of Mecca, and Mecca was Dar al-Shirk...") And khatara means to bet or use maysir (gambling).
The answer to this is from two angles: First, the majority of scholars believe this is abrogated, as it was before the revelation of the prohibition of maysir. Second, some scholars believe this wager is permissible and not abrogated because its purpose was to support Islam. This was the choice of Sheikh al-Islam Ibn Taymiyyah and Ibn al-Qayyim. In both cases, using this as evidence for the permissibility of riba in Dar al-Harb is a weak (marjuh) position.
3- Based on this, the weightier view on this issue is that riba is prohibited between a Muslim and a Muslim, and between a Muslim and a Kafir in the lands of Islam, or the lands of disbelief, or the lands of war... This is what most jurists from the Malikis, Shafi’is, and Hanbalis have gone towards. For your information, here are some of the jurists' statements on this issue:
a- Ibn Qudamah al-Maqdisi (may Allah have mercy on him) said in Al-Mughni: ("Riba is prohibited in Dar al-Harb just as it is prohibited in Dar al-Islam. This was stated by Malik, Al-Awza'i, Abu Yusuf, Al-Shafi'i, and Ishaq because of the saying of Allah (swt): {and has forbidden riba} Al-Baqarah: 275, and His saying: {Those who consume riba cannot stand [on the Day of Resurrection] except as one stands who is being beaten by Satan into insanity} Al-Baqarah: 275, and He (swt) said: {O you who have believed, fear Allah and give up what remains [due to you] of riba} Al-Baqarah: 278. The general nature of the reports necessitates the prohibition of disparity (tafadul), and the saying of the Prophet ﷺ: 'Whoever increases or seeks an increase has dealt in riba' is general, as are all other hadiths. Because what was prohibited in Dar al-Islam is prohibited in Dar al-Harb, such as riba between Muslims"). He also said: ("Whoever enters the land of the enemy under an assurance of safety (aman) must not betray them in their wealth, nor deal with them in riba"). He also said: ("As for the prohibition of riba in Dar al-Harb, we mentioned it in [the section on] riba, along with the fact that the saying of Allah (swt): {and has forbidden riba}, and all other verses and reports indicating the prohibition of riba are general, encompassing riba in every place and time") [End of quote].
b- Al-Nawawi (may Allah have mercy on him) said in Al-Majmu’ Sharh al-Muhadhdhab: ("Riba applies in Dar al-Harb just as it applies in Dar al-Islam. This was stated by Malik, Ahmad, and Abu Yusuf. Our evidence is the general nature of the evidences prohibiting riba; because everything that was prohibited in Dar al-Islam is prohibited in the land of Shirk, like all other indecencies and sins; and because it is a void contract, so what is contracted for is not made permissible by it, just like marriage").
c- Imam al-Shafi’i (may Allah have mercy on him) said: ("If a group of Muslims enter the lands of war with an assurance of safety (aman), the enemy is safe from them until they leave them or reach the term of their aman. They have no right to wrong them or betray them") [End from Al-Umm (4/263)]. He also said in Al-Umm (4/284): ("If a man enters Dar al-Harb with an aman... and gains power over some of their wealth, it is not permissible for him to take anything from it, little or much, because if he is in safety from them, they are in the same from him. It is not permissible for him from their aman except what is permissible for him from the wealth of Muslims and the People of Dhimma, because wealth is protected for several reasons: First: the Islam of its owner. Second: the wealth of those who have a dhimma (contract of protection). Third: the wealth of those who have an aman for a period") [End quote].
Finally, I ask Allah (swt) to expand for you pure and halal provision, and to bless you with a good life spent in obedience to Allah, so that you may succeed in both abodes, for that is the great success.
Your brother, Ata Bin Khalil Abu Al-Rashtah
08 Muharram 1443 AH Corresponding to 16/08/2021 CE
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