Question: Is it permissible to take wealth from my father to make Hajj and to take a car from him - while this wealth and car are property that he receives through bank loans - which are usually ribaa?

Answer: The Shaykh's answer to the question is: if the father is Muslim and the money that he is taking from him is completely from ribaa or the majority of it is from ribaa (interest, or usury) then it is not permissible for him to touch it, it is not permissible for him to take any of it. If the father is Muslim and the majority of the money is halaal and some ribaa has entered into it such as the person that leaves his money in the bank and it starts to collect some interest; if the majority of the money is halaal, then it is permissible for the son to take the money of the father and benefit from it. Because the majority of the time, in these situations, the bank in which the money is collecting ribaa, or as they say it is collecting interest; the majority of the time, the capital is more than the interest itself, so the son can take from this because he is mainly taking from that good part and if there is any ribaa, then it returns back to the father, that haraam goes back to the father because he is the one who did not take caution in staying away from falling into any type of usury.

If the father of this man is kaafir, and the kaafir father gives him some money, then it is permissible for him to use it. And this is because Ibn Taymiyah رحمه الله distinguishes between the dealing with the money of the Muslim and dealing with the money of the kaafir. He said we distinguished between them. Also the Prophet صلى الله عليه وعلى آله و سلم as we all know that the Yahood used [dealt with] interest as Allaah سبحانه و تعالى says:

فَبِظُلْمٍ مِّنَ الَّذِينَ هَادُواْ حَرَّمْنَا عَلَيْهِمْ طَيِّبَاتٍ أُحِلَّتْ لَهُمْ وَبِصَدِّهِمْ عَن سَبِيلِ اللّهِ كَثِيراً {160} وَأَخْذِهِمُ الرِّبَا وَقَدْ نُهُواْ عَنْهُ وَأَكْلِهِمْ أَمْوَالَ النَّاسِ بِالْبَاطِلِ
{For the wrongdoing of the Jews, We made unlawful for them certain good foods which had been lawful for them - and for their hindering many from Allaah's way; And their taking of Ribaa (usury) though they were forbidden from taking it and their devouring of men's substance wrongfully (bribery)...} [An-Nisa 4:160-161]

Concerning the Yahood (Jews), they deal with ribaa and he knew that, but the Prophet صلى الله عليه وعلى آله و سلم nonetheless died while his armour was with a Yahoodi.[1] It was put there as a [collateral]. If he صلى الله عليه وعلى آله و سلم didn't pay his debt then his armour was with a Yahoodi so his debt could be paid... So, he dealt with the Yahood and they were dealing with ribaa and this is why ibn Taymiyyah رحمه الله made the distinction because when you are dealing with a kaafir and his money it is different from dealing with a Muslim and his money, in which we deal with the Muslim according to our principles and we deal with the kufaar according to that which they have been convinced by their Madhab. So a question followed: Some of the Muslimeen especially in this land in the United States, they might deem ribaa to be permissible sometimes due to some fataawa that has come out. Do we deal with them according to their Madhab; that they have been convinced of this. And the answer to that is: No, you deal with them according to your principles.


Answered by: Shaykh 'Abdul-Maalik Ramadaani al-Jazaairi

Title of Lecture: Verily, Man was Created Very Impatient

Date of the Lecture: July 22nd , 2006

Listen to Lecture: Not Available

Read the Transcribed Lecture: Click Here

[1] Mutafaqun `alaihi - Bukhaaree, Chapter: The death of the Prophet صلى الله عليه و سلم Vol. 4 (#4197)