Considering that all bank loans with interest or commission conditions are unlawful in the opinion of His Eminence Mansoor , what should one who has taken and used such a loan in ignorance do after it has become clear to him? How can he purify his wealth from usury?
There is no doubt that receiving and paying usury are both unlawful; as it has been narrated: «أَنَّ رَسُولَ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ لَعَنَ آكِلَ الرِّبَا وَمُوكِلَهُ»[1]; “The Messenger of Allah , cursed the receiver and the payer of usury,” and Abdullah ibn Mas‘ud said: «آكِلُ الرِّبَا وَمُوكِلُهُ سَوَاءٌ»[2]; “The receiver and the payer of usury are equal.” Also, there is no doubt that whoever receives usury intentionally must return it to its owner and ask Allah for forgiveness. As for one who pays usury, he is mostly unable to take back what he pays, and therefore, it is enough for him to ask Allah for forgiveness, and it is not obligatory for him to take it back unless he is able to do so; as it has been narrated: «أَنَّ تَمْرًا كَانَ عِنْدَ بِلَالٍ فَتَغَيَّرَ، فَخَرَجَ بِهِ بِلَالٌ إِلَى السُّوقِ، فَبَاعَهُ صَاعَيْنِ بِصَاعٍ، فَلَمَّا بَلَغَ ذَلِكَ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ أَنْكَرَهُ، وَقَالَ: مَا هَذَا يَا بِلَالُ؟! فَأَخْبَرَهُ، فَقَالَ: أَرْبَيْتَ، ارْدُدْ عَلَيْنَا تَمْرَنَا»[3]; “Bilal had some dates that had gone bad, so he took them to the market and exchanged two sa‘s (of them) for one sa‘ (of fine dates). When the Prophet
, heard about this, he denounced it and said: ‘What is this, O Bilal?!’ Bilal informed him, so the Prophet said: ‘You have committed usury! Return our dates to us,’” and in another narration, he said: «انْطَلِقْ، فَرُدَّهُ عَلَى صَاحِبِهِ»[4]; “Go and return them to its owner.” Also, there is no doubt the receiver of usury is permitted to use his wealth after returning the usury to its owner; because he has removed the unlawful amount from his wealth, and «لَا يُحَرِّمُ الْحَرَامُ الْحَلَالَ»[5]; “the unlawful does not make the lawful unlawful.” However, is it permissible for the payer of usury to use the wealth he has borrowed with the condition of usury intentionally? There are two viewpoints on this matter:
The first is that it is not permissible for him to do so; because the condition of usury is unlawful, and the wealth that is earned through it is earned through an unlawful act, which implies that it is unlawful wealth. Additionally, the lender only lends the wealth with the condition of usury, and it appears that he does not consent to the borrower using his wealth without that condition, and therefore, if his condition is fulfilled when using his wealth, it is earning wealth through an unlawful act, and if it is not fulfilled, it is using someone else’s wealth without his consent. Therefore, it is unlawful in either case.
The second is that it is permissible for him to do so; because borrowing is lawful, and the condition of usury in it is a false condition within a valid contract, which does not invalidate the contract. Therefore, one who borrows with the condition of usury is permitted to use the lender’s wealth and not give him usury; because he has authorized the use of his wealth, and only his condition is false, and it does not give him any right. This is like the case of Barirah[6] who asked Aisha to buy and free her, but her masters would not sell her except on the condition that they would have her loyalty[7]. Then the Messenger of Allah said to Aisha: «اشْتَرِيهَا، فَأَعْتِقِيهَا، وَلْيَشْتَرِطُوا مَا شَاؤُوا»; “Buy and free her, and let them impose whatever conditions they want,” or said: «اشْتَرِطِي لَهُمُ الْوَلَاءَ، فَإِنَّ الْوَلَاءَ لِمَنْ أَعْتَقَ»; “Accept the condition of loyalty for them; because the loyalty belongs to one who frees (the slave).” Aisha accepted their condition and then bought and freed Barirah. Then the Messenger of Allah
said in the mosque: «مَا بَالُ أُنَاسٍ يَشْتَرِطُونَ شُرُوطًا لَيْسَتْ فِي كِتَابِ اللَّهِ؟! مَنِ اشْتَرَطَ شَرْطًا لَيْسَ فِي كِتَابِ اللَّهِ فَلَيْسَ لَهُ، وَإِنْ شَرَطَهُ مِائَةَ مَرَّةٍ، شَرْطُ اللَّهِ أَحَقُّ وَأَوْثَقُ»; “What is the matter with people who impose conditions that are not in the Book of Allah?! Whoever imposes a condition that is not in the Book of Allah, it is not for him, even if he has imposed it a hundred times. The condition of Allah is more deserving and more binding.”[8] Therefore, Aisha bought and freed Barirah with a false condition. This indicates that the condition of usury does not invalidate borrowing, nor does it make the use of the lender’s wealth unlawful. Rather, it may not be unlawful at all.
However, the first viewpoint is closer to the truth; because the falsity of a condition within a contract invalidates it if it is the only or the main motivation for it; considering that the consent of the contracting party depends on it, and Allah Almighty has said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُمْ بَيْنَكُمْ بِالْبَاطِلِ إِلَّا أَنْ تَكُونَ تِجَارَةً عَنْ تَرَاضٍ مِنْكُمْ﴾[9]; “O you who believed! Do not devour one another’s wealth among yourselves falsely unless it is a trade by mutual consent.” The intended meaning of consent is what is based on knowledge, and consent based on ignorance does not count; because it is “deception,” which invalidates the contract. Based on this, if one who borrows with the condition of usury intends not to fulfill the condition, he has deceived the lender and taken his wealth without his consent, and if he intends to fulfill the condition, then fulfilling it is unlawful, and the unlawful does not lead to the lawful.
As for the narration of Barirah, there is a difference of opinion among scholars. Some of them are of the view that his statement: «اشْتَرِطِي لَهُمُ الْوَلَاءَ»; “Accept the condition of loyalty for them,” is an error from the narrator; because it has only been stated in the narration of Hisham ibn Urwah, and it is not possible for the Messenger of Allah to order his wife to accept a false and unlawful condition to take out the slave of a people without their consent. Some others are of the view that «لَهُمُ»; “for them” in his statement: «اشْتَرِطِي لَهُمُ الْوَلَاءَ»; “Accept the condition of loyalty for them,” is in the meaning of «عَلَيْهِمْ»; “upon them,” as is in the word of Allah Almighty: ﴿لَهُمُ اللَّعْنَةُ﴾[10]; “Upon them is the curse,” and the intended meaning of it is that Aisha imposes a condition that the loyalty should belong to her. Some others are of the view that his statement: «اشْتَرِطِي لَهُمُ الْوَلَاءَ»; “Accept the condition of loyalty for them,” is not an order, but rather a rebuke and a threat; like the word of Allah Almighty: ﴿فَاعْبُدُوا مَا شِئْتُمْ مِنْ دُونِهِ﴾[11]; “So worship what you want besides Him.” Some others are of other views. With these possibilities, this narration cannot be cited to validate a contract based on a false and unlawful condition.
Therefore, what appears to be the case is that the borrower is not permitted to use the wealth he has borrowed with the condition of usury deliberately. Rather, he must return it to the lender and ask Allah for forgiveness, unless the lender cancels the condition. If the borrower has already used the wealth, he does not have to return it with the stipulated usury, but rather he returns the principal amount and asks Allah for forgiveness for using it and agreeing to the condition, even if the lender hates it; because he does not hate his action but what Allah has revealed; therefore, Allah humiliates him. If the borrower has obtained a profit from the wealth, he does not have to return the profit either; because the lender has wronged himself by lending with a false condition; therefore, he deserves deprivation, and because lending with the condition of usury is unlawful and cannot lead to lawful wealth; just as borrowing with the condition of usury is unlawful and cannot lead to lawful wealth. This means that the profit is not for the lender or the borrower; therefore, it must be given to the Imam or spent in the way of Allah.
This is repentance for one who has borrowed wealth with the condition of usury, used it, and obtained a profit from it if the profit is known, but if the profit is unknown due to its abundance or being mixed with his own wealth, he should give an amount of it to the Imam or spend it in the way of Allah until he becomes certain that it has been removed from his wealth. However, there are narrations from the Ahl al-Bayt indicating that paying Khums is sufficient in this case; as it has been narrated: «أَنَّ رَجُلًا أَتَى عَلِيًّا عَلَيْهِ السَّلَامُ فَقَالَ: إِنِّي كَسَبْتُ مَالًا أَغْمَضْتُ فِي مَطَالِبِهِ حَلَالًا وَحَرَامًا، وَقَدْ أَرَدْتُ التَّوْبَةَ، وَلَا أَدْرِي الْحَلَالَ مِنْهُ وَالْحَرَامَ، وَقَدِ اخْتَلَطَ عَلَيَّ، فَقَالَ عَلِيٌّ عَلَيْهِ السَّلَامُ: تَصَدَّقْ بِخُمُسِ مَالِكَ، فَإِنَّ اللَّهَ جَلَّ اسْمُهُ رَضِيَ مِنَ الْأَشْيَاءِ بِالْخُمُسِ، وَسَائِرُ الْأَمْوَالِ لَكَ حَلَالٌ»[12]; “A man came to Ali and said: ‘I have acquired wealth without caring about the lawful and the unlawful of it. Now I have decided to repent, but I do not know what is lawful from what is unlawful in it, and it has become mixed together. What should I do?’ So Ali
said: ‘Give Khums of your wealth as charity; because Allah the Exalted is satisfied with Khums of things, and the rest of your wealth will be lawful for you.’” In another narration, it has been stated: «جَاءَ رَجُلٌ إِلَى عَلِيٍّ عَلَيْهِ السَّلَامُ فَقَالَ: يَا أَمِيرَ الْمُؤْمِنِينَ، أَصَبْتُ مَالًا أَغْمَضْتُ فِيهِ، أَفَلِي تَوْبَةٌ؟ قَالَ: ائْتِنِي بِخُمُسِهِ، فَأَتَاهُ بِخُمُسِهِ، فَقَالَ: هُوَ لَكَ، إِنَّ الرَّجُلَ إِذَا تَابَ تَابَ مَالُهُ مَعَهُ»[13]; “A man came to Ali
and said: ‘O Amir al-Mu’minin! I have acquired wealth while turning a blind eye to (the lawful and the unlawful of) it. Is there any repentance for me?’ He said: ‘Bring me Khums of it.’ The man brought him Khums of his wealth. Then Ali said: ‘The rest is yours; because when a man repents, his wealth repents along with him.’” This narration is good, except that it is a wahid report that contradicts the rule and precaution.
All of this applies to one who has received or paid usury while knowing that it is usury. As for one who has received or paid usury while not knowing that it is usury, due to doubt or imitation, it appears that it is not obligatory for him to return the wealth and its profit after learning about it; because Allah Almighty has said in the verse of usury: ﴿فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ ۖ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ ۖ هُمْ فِيهَا خَالِدُونَ﴾[14]; “So whoever receives an admonition from his Lord and desists shall have what has passed, and his affair is with Allah, and whoever repeats, they are the companions of the fire and will abide therein eternally”; as it has been narrated from Abu al-Rabi‘ al-Shami that he said: «سَأَلْتُ أَبَا عَبْدِ اللَّهِ -يَعْنِي جَعْفَرَ بْنَ مُحَمَّدٍ الصَّادِقَ- عَلَيْهِ السَّلَامُ عَنْ رَجُلٍ أَرْبَى بِجَهَالَةٍ، ثُمَّ أَرَادَ أَنْ يَتْرُكَهُ، قَالَ: أَمَّا مَا مَضَى فَلَهُ، وَلْيَتْرُكْهُ فِيمَا يَسْتَقْبِلُ»[15]; “I asked Abu Abdullah -meaning Ja‘far ibn Muhammad al-Sadiq- about a man who has received usury out of ignorance, but now he wants to abandon it. He said: ‘As for what has passed, it is for him, but he should abandon it in the future.’” This is because usury is something that may be hidden from people; as it was hidden from Umar ibn al-Khattab, to the extent that he said: «إِنَّكُمْ تَزْعُمُونَ أَنَّا نَعْلَمُ أَبْوَابَ الرِّبَا، وَلَأَنْ أَكُونَ أَعْلَمُهَا أَحَبَّ إِلَيَّ مِنْ أَنْ يَكُونَ لِي مِثْلُ مِصْرَ وَمِثْلُ كُوَرِهَا»[16]; “You claim that we know the doors of usury, while knowing them is more beloved to me than having the likes of Egypt and its cities,” and said: «ثَلَاثٌ لَأَنْ يَكُونَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ بَيَّنَهُنَّ لَنَا أَحَبُّ إِلَيَّ مِنَ الدُّنْيَا وَمَا فِيهَا: الْخِلَافَةُ، وَالْكَلَالَةُ، وَالرِّبَا»[17]; “There are three things that if the Messenger of Allah
had clarified for us, it would have been more beloved to me than the world and whatever is in it: the caliphate, kalalah, and usury,” and said: «إِنَّ آخِرَ مَا عَهِدَ إِلَيْنَا النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ آيَةُ الرِّبَا، فَقُبِضَ النَّبِيُّ صَلَّى اللَّهُ عَلَيْهِ وَآلِهِ وَسَلَّمَ، وَلَمْ يُبَيِّنْهَا لَنَا، إِنَّمَا هُوَ الرِّبَا وَالرِّيبَةُ، فَدَعُوا الرِّبَا وَالرِّيبَاتِ»[18]; “The last thing that the Prophet
enjoined upon us was the verse of usury, but the Prophet
departed without clarifying it for us. It is usury and what is doubtful, so leave usury and doubtful things.” There is no doubt that the Messenger of Allah
clarified usury and everything else that people would need until the Day of Judgment, but they did not memorize some of it, thus it remained hidden from them, including usury. Therefore, the word of Allah Almighty applies to them: ﴿فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ﴾; “So whoever receives an admonition from his Lord and desists shall have what has passed, and his affair is with Allah,” and it was not only applicable to the Sahabah. This is alleviation from Allah so that there would be no hardship on them if they received usury out of ignorance and then repented. His Eminence Mansoor
has explained it in detail; as one of his companions informed us, he said:
«سَأَلْتُهُ عَنْ الرَّجُلِ لَمْ يَعْلَمْ أَنَّ الرِّبَا حَرَامٌ، فَأَكَلَهُ، ثُمَّ جَاءَهُ الْعِلْمُ، مَاذَا يَفْعَلُ؟ قَالَ: إِنْ كَانَ رَجُلًا كَافِرًا قَدْ أَسْلَمَ فَلَهُ مَا سَلَفَ، وَإِنْ كَانَ رَجُلًا مُسْلِمًا فَلْيَرُدَّهُ إِلَى صَاحِبِهِ، لِأَنَّهُ لَا يُعْذَرُ بِجَهَالَتِهِ، قُلْتُ: إِنَّهُ رَجُلٌ مُسْلِمٌ، وَهُوَ يَعْلَمُ أَنَّ الرِّبَا حَرَامٌ، وَلَكِنَّهُ لَمْ يَعْلَمْ أَنَّ مَا أَكَلَهُ رِبًا، وَقِيلَ لَهُ أَنَّهُ أُجْرَةُ عَمَلِهِ، ثُمَّ جَاءَهُ الْعِلْمُ، قَالَ: لَيْسَ هَذَا مِمَّنْ تَوَعَّدَهُ اللَّهُ، فَلْيَسْتَغْفِرِ اللَّهَ وَلَا يَعُدْ، قُلْتُ: فَلَهُ مَا سَلَفَ؟ قَالَ: لَهُ مَا سَلَفَ إِنْ شَاءَ اللَّهُ، وَلَوْ رَدَّهُ إِلَى صَاحِبِهِ لَكَانَ خَيْرًا لَهُ، قُلْتُ: مَا الْفَرْقُ بَيْنَهُمَا؟ قَالَ: مَا مِنْ رَجُلٍ مِنَ الْمُسْلِمِينَ الْيَوْمَ إِلَّا وَهُوَ يَعْلَمُ أَنَّ الرِّبَا حَرَامٌ، وَلَكِنْ لَا يَعْلَمُ كَثِيرٌ مِنْهُمْ مَا الرِّبَا، وَلَيْسَ عَلَيْهِمْ جُنَاحٌ فِيمَا أَخْطَؤُوا بِهِ، وَلَكِنْ مَا تَعَمَّدَتْ قُلُوبُهُمْ، ﴿وَكَانَ اللَّهُ غَفُورًا رَحِيمًا﴾[19]، قُلْتُ: أَلَيْسَ عَلَيْهِمْ رَدُّ مَا غَصَبُوا أَوْ أَتْلَفُوا مِنْ أَمْوَالِ النَّاسِ وَإِنْ كَانُوا جَاهِلِينَ؟! قَالَ: إِنَّ الرِّبَا لَيْسَ كَهَذَا، إِنَّهُ عَنْ تَرَاضٍ مِنْهُمْ»; “I asked him about a man who did not know that usury is unlawful, so he received it. Then he learned about it, ‘What should he do?’ He said: ‘If he was a disbeliever who embraced Islam, then what has passed is for him, and if he is a Muslim, then he should return it to its owner; because he is not excused for his ignorance.’ I said: ‘He is a Muslim and knows that usury is unlawful, but he did not know that what he received was usury. He was told that it was the pay for his work. Then he learned about it.’ He said: ‘This (man) is not one of those whom Allah has threatened. He should ask Allah for forgiveness and not do it again.’ I said: ‘So is what has passed for him?’ He said: ‘What has passed is for him, Insha’Allah. However, if he returns it to its owner, it would be better for him.’ I said: ‘What is the difference between them?’ He said: ‘There is no man from Muslims today unless he knows that usury is unlawful, but many of them do not know what usury is, and there is no sin on them for the mistake they make, but for what their hearts have deliberately done, “and Allah is the All-Forgiving, the Most Merciful.”’ I said: ‘Should they not return what they have usurped or destroyed of people’s wealth, even if they were ignorant?!’ He said: ‘Usury is not like that. It is by their mutual consent.’”
Yes, if there are any remaining installments of usury, they should give them up, even if they were ignorant at the time of the contract; because Allah Almighty has said: ﴿يَا أَيُّهَا الَّذِينَ آمَنُوا اتَّقُوا اللَّهَ وَذَرُوا مَا بَقِيَ مِنَ الرِّبَا إِنْ كُنْتُمْ مُؤْمِنِينَ﴾[20]; “O you who believed! Fear Allah and give up whatever has remained of usury, if you are believers.” Therefore, it is not permissible for them to collect or pay the remaining installments after they have learned about it, even if abandoning it leads to the termination of the contract, ﴿وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مَخْرَجًا وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ۚ وَمَنْ يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ ۚ إِنَّ اللَّهَ بَالِغُ أَمْرِهِ ۚ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًا﴾[21]; “and whoever fears Allah, He will make a way out for him, and provide for him from where he does not expect, and whoever relies on Allah, then He is sufficient for him. Indeed, Allah fulfills His work. He has set a measure for everything.”
