Question:
Is it permissible to accept a gift from someone who earned money through forbidden (haram) means (such as through gambling, usury (riba), insurance contracts, or selling alcohol)? Is it permissible for his family to accept his financial maintenance (nafaqah) from this money which he obtained through forbidden means?
Thank you very much.
Answer:
Forbidden (haram) wealth is of several types:
- Inherently forbidden (haram li-'aynihi), such as alcohol... A gift of this is not permissible; it is forbidden for the owner of the alcohol and for the person to whom it is gifted. The Messenger of Allah (saw) said:
حُرِّمَتِ الْخَمْرُ بِعَيْنِهَا
"Wine (khamr) has been forbidden for itself." (Narrated by an-Nasa'i)
- Forbidden due to a human right, such as stolen or usurped property... This is forbidden for the thief and the usurper, and a gift of it is not permissible. It is forbidden for the one who acquired it and the one to whom it is gifted because this wealth is the right of its owner. Wherever it is found, it must be returned to its owner. Evidence for this includes:
Ahmad narrated from Samurah, who said: The Messenger of Allah (saw) said:
إِذَا سُرِقَ مِنَ الرَّجُلِ مَتَاعٌ، أَوْ ضَاعَ لَهُ مَتَاعٌ، فَوَجَدَهُ بِيَدِ رَجُلٍ بِعَيْنِهِ، فَهُوَ أَحَقُّ بِهِ، وَيَرْجِعُ الْمُشْتَرِي عَلَى الْبَائِعِ بِالثَّمَنِ
"If a man's property is stolen or lost and he finds it in the possession of another man, he has more right to it, and the buyer should seek a refund from the seller."
This is a clear text stating that stolen property must be returned to its owner.
Likewise, usurped property is guaranteed to the person from whom it was taken. The usurper must return the specific usurped item to its owner, as narrated by Samurah from the Prophet (saw):
عَلَى اليَدِ مَا أَخَذَتْ حَتَّى تُؤَدِّيَ
"The hand is responsible for what it took until it pays it back." (Narrated by at-Tirmidhi, who said it is a hasan (good) hadith).
- Forbidden due to invalid transactions (mu'amalat batilah), such as money from usury (riba) and gambling... This is forbidden only for the one who earned it. The prohibition does not extend to someone who obtains it through a legitimate (mashru') way from the one who deals in usury or gambling. For example, if you sell a merchantable good to a person who deals in usury and take the price from him, or if a woman receives her financial maintenance (nafaqah) from a usurer, or if a usurer gives a gift to one of his relatives, or other similar legitimate transactions. In these cases, the sin of this money falls on the usurer and not on the one who takes the price, maintenance, or gift. This is because the prohibition, in this case, does not attach to two different liabilities (dhimmah). Evidence for this includes:
- Allah (swt) says:
وَلَا تَكْسِبُ كُلُّ نَفْسٍ إِلَّا عَلَيْهَا وَلَا تَزِرُ وَازِرَةٌ وِزْرَ أُخْرَى
"And every soul earns not [blame] except against itself, and no bearer of burdens will bear the burden of another." (QS Al-An'am [6]: 164)
- The Prophet (saw) used to deal with the Jews in Madinah, despite knowing that most of their wealth came from usury (riba). Allah (swt) said:
فَبِظُلْمٍ مِنَ الَّذِينَ هَادُوا حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْ وَبِصَدِّهِمْ عَنْ سَبِيلِ اللَّهِ كَثِيرًا * وَأَخْذِهِمُ الرِّبَا وَقَدْ نُهُوا عَنْهُ وَأَكْلِهِمْ أَمْوَالَ النَّاسِ بِالْبَاطِلِ
"For wrongdoing on the part of the Jews, We made unlawful for them [certain] good foods which had been lawful to them, and for their averting from the way of Allah many [people], and [for] their taking of usury while they had been forbidden from it, and their consuming of the people's wealth unjustly." (QS An-Nisa' [4]: 160-161)
The Prophet (saw) used to accept gifts from them, as narrated by Ibn Abbas: A Jewish woman gifted the Messenger of Allah (saw) a poisoned sheep. He sent for her and asked: "What prompted you to do what you did?" She said: "I loved—or I wanted—to know that if you are a prophet, Allah would inform you of it, and if you are not a prophet, I would relieve the people of you."
It is authentically reported from some of the Sahaba and Tabi'un that they permitted accepting gifts from those who deal in usury:
a. A man came to Ibn Mas'ud and said: "I have a neighbor who consumes usury (riba), and he constantly invites me." Ibn Mas'ud said:
مَهْنَؤُهُ لَكَ وَإِثْمُهُ عَلَيْهِ
"The benefit is for you and the sin is upon him." (Narrated by Abd al-Razzaq al-San'ani in his Musannaf)
b. Al-Hasan was asked whether the food of money changers (who dealt in Riba) could be eaten. He said:
قَدْ أَخبرَكُمُ اللَّهُ عَنِ الْيَهُودِ وَالنَّصَارَى، إِنَّهُمْ يَأْكُلُونَ الرِّبَا، وَأَحَلَّ لَكُمْ طَعَامَهُمْ
"Allah has told you about the Jews and Christians, that they consume usury (riba), yet He permitted their food for you." (Narrated by Abd al-Razzaq al-San'ani from Ma'mar)
c. Narrated from Mansur, who said: I said to Ibrahim (al-Nakha'i): "I stayed with a tax official (*'amil*), and he hosted me and gave me a gift." He said: "Accept it." I said: "What if he is a person who deals in usury (*riba*)?" He said:
اقْبَلْ مَا لَمْ تَأْمُرْهُ أَوْ تُعِنْهُ
"Accept it as long as you did not command him or assist him [in the forbidden act]." (Narrated by Abd al-Razzaq al-San'ani from Ma'mar)
- Despite this, it is better not to deal with those whose wealth is forbidden as a result of usury. One should not sell to them nor accept gifts from them out of scrupulousness (wara'), so that the seller does not take a price tainted by usury for his goods, and does not accept their gift in case it is from usurious wealth. A Muslim should distance himself from everything that is not pure. The Sahaba of the Messenger of Allah (saw) used to avoid many doors of the permissible (mubah) out of fear of approaching the forbidden (haram). It is authentically reported that the Messenger of Allah (saw) said:
لَا يَبْلُغُ العَبْدُ أَنْ يَكُونَ مِنَ المُتَّقِينَ حَتَّى يَدَعَ مَا لَا بَأْسَ بِهِ حَذَرًا لِمَا بِهِ البَأْسُ
"A servant will not reach the level of being among the Muttaqin (the pious) until he leaves what is harmless out of fear of falling into what is harmful." (Narrated by at-Tirmidhi, who said it is a hasan (good) hadith).
In summary, it is permissible to sell to someone who deals in usury with banks or others, and it is permissible to accept his gift, but it is better not to sell to him nor to accept his gift.