There is a businessman who was offered money by a man in order to do business for him, but the one who offered this money deals with bribes and riba. Is there any sin on this businessman?.
Praise be to Allaah.
Firstly:
If a person earns money
in haraam ways such as riba, bribes, stealing and cheating, etc., and his
wealth is a combination of halaal and haraam, then it is valid to do
business with him, buying and selling and entering into partnerships, but it
is makrooh. If it is known that the product in which the trade is to be done
is haraam in and of itself, then it is not permissible to enter into a
partnership with him or work with him in that business.
Ibn Qudaamah said in
al-Mughni (4/180):
If he buys from someone
whose wealth includes both haraam and halaal, such as an unjust ruler or
someone who deals in riba, if it is known that the item sold is from the
halaal portion of his wealth, then it is halaal, but if it is known that
(the item) is from the haraam portion, then it is haraam. If it is not known
which it is, then we regard it as makrooh, because of the possibility that
it may be haraam, but the sale is not invalid, because of the possibility
that it may be halaal, whether the haraam element is small or great. In this
case it is a doubtful matter. The lesser or greater the haraam element, the
greater or lesser the doubt. End quote.
It says in Haashiyat
Qalyoobi wa ‘Umayrah (2/418):
Partnerships are valid
even if they are makrooh, such as a partnership with a dhimmi (a non-Muslim
living under Muslim ruler), one who consumes riba and one whose wealth is
mostly haraam. End quote.
In Haashiyat
al-Dasooqi (3/277) it says:
Know that if a person’s
wealth is mostly halaal and a small part of it is haraam, the correct view
is that it is permissible to deal with him, lend money to him and eat from
his wealth as Ibn al-Qaasim said, contrary to the view of Usbugh who says
that that is haraam.
But if a person’s wealth
is mostly haraam and a small part of it is halaal, the view of Ibn al-Qaasim
is that it is makrooh to deal with him, lend money to him and eat from his
wealth. This is the correct view, contrary to the view of Usbugh who says
that that is haraam.
But if a person’s wealth
is all haraam, this means that it is not allowed to deal with him, lend
money to him or have any dealings with him, financial or otherwise. End
quote.
Secondly:
What you have to do
before entering into a partnership with such a person is advise him and
encourage him to repent and give up wrongdoing. Strive to find a good source
of income, for Paradise is good and none will enter it but those who are
good. Warn him against continuing to consume haraam wealth, for every body
that is nourished from haraam sources, the Fire is more fitting for it.
And Allaah knows best.
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