Is it permissible for his wife to take a loan from the Bab Rizq program in order to give him the money?

My wife wants to help me apply for a loan from the ‘Abd al-Lateef Jameel Fund (Bab Rizq program), by applying on the basis that she is going to set up a small business by herself. The people in charge of the Bab Rizq fund will examine her application. If they agree and she gets the money, I will take it from her and open a legitimate business or something else that will benefit us. Is that permissible? Please note that we are in urgent need of this money.

Praise be to Allaah.

Firstly: 

There is nothing wrong with taking loans that do not involve paying any interest. 

Secondly: 

If your wife takes a loan, she may give it to you by way of a loan, or as a gift or partnership. But if she takes a loan in order to work on a specific project, then she has to fulfil that, because the Prophet (blessings and peace of Allah be upon him) said: “The Muslims are bound by their conditions.” Narrated by Abu Dawood (3594); classed as saheeh by al-Albaani in Saheeh Abi Dawood. 

It is no secret that it is not permissible to lie, deceive or use tricks; rather it is obligatory to adhere to the terms of the contract between your wife and the lender. 

And Allah knows best.

Buying a foreclosed house if it is sold at auction because the borrower is not able to pay off the riba-based loan

Somebody mortgaged his house in return for a riba-based loan, and at the end of the agreed period, because the home owner was unable to pay off his debt, the riba-based institution sold the house through the court at a public auction. Because the house is opposite to a mosque, some good brothers thought to buy it from the one who bought it at the auction and add its area to the mosque. 
My question is: 
1. What is the ruling on mortgaging the house in return for the riba-based loan?
2. What is the ruling on buying this house that was sold without the consent of its owner who was not able to pay off the riba-based loan?
3. Does this purchase come under the heading of buying something that was unlawfully confiscated?
4. What is the ruling on buying this house from the second purchaser, when the story of its sale is known, and adding it to the area of the mosque?.

Praise be to Allaah.

Firstly: 

Borrowing money on the basis of riba is emphatically forbidden and is a major sin, because Allah, may He be glorified and exalted, says (interpretation of the meaning):

“O you who believe! Fear Allaah and give up what remains (due to you) from Ribaa (from now onward) if you are (really) believers.

279. And if you do not do it, then take a notice of war from Allaah and His Messenger but if you repent, you shall have your capital sums. Deal not unjustly (by asking more than your capital sums), and you shall not be dealt with unjustly (by receiving less than your capital sums)”

[al-Baqarah 2:278-279] 

And Muslim (1598) narrated that Jaabir (may Allah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) cursed the one who consumes riba and the one who pays it, the one who writes it down and the two who witness it, and he said: they are all the same. 

So it is not permissible to take out a riba-based loan or to mortgage the house in order to take out such a loan. 

Secondly: 

The one who takes out a riba-based loan is not obliged to pay the interest; rather he has to pay back the original amount of the loan only. If he is not able to do that, and he gave something to the lender as collateral, it is permissible to sell the collateral in two cases: 

1.     If the borrower gave permission to sell it, whether he gave permission at the time the contract was drawn up or at the time payment became due.

2.     If the court rules that it is to be sold. 

It says in Zaad al-Mustaqni‘: When the debt is due to be repaid and he refuses to pay, if the borrower gave permission to the lender to sell it, he may sell it and pay off the debt, otherwise the judge may force him to pay off the debt or sell the collateral. If he does not do that, the judge may sell it to pay off the debt. End quote. 

The court may appoint someone to sell it, whether it appoints the lender or someone else. 

It is stipulated that the one who sells it, whether it is the lender or someone else appointed by the judge, should sell it for the market price and not for less than that. 

It says in Mughni al-Muhtaaj, 3/71: 

The collateral should not be sold except for the current price in the local currency of something similar; if that condition is not met, then the sale is not valid. But if it is a little below the going price, which often happens when people bargain, that does not matter because they usually overlook that. End quote. 

Based on that, if the item is sold because the borrower is unable to pay off the original loan, and that is done on the orders of the court and it is sold by public auction, there is nothing wrong with that and it does not matter if the seller did not give consent, because selling an item when its owner is reluctant is valid if he is forced to do so for a legitimate reason, and this is not regarded as buying something that was unlawfully confiscated or taken by force. 

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said: The words ‘so it [the transaction] is not valid if he is forced to sell it without a legitimate reason’ – he commented on this by saying: If it is sold when the owner is reluctant for a legitimate reason, there is nothing wrong with that, because this is restoring the dues of others, i.e., if we force someone to sell something for a legitimate reason, this is restoring the dues of others, and is not wrongdoing or transgression. 

For example: a person gave his house as collateral to someone for a debt that he owed to him. The time for repayment came and the lender asked for his money, but the borrower who owed the debt refused to pay. In this case, the borrower may be forced to sell his house, so that he can pay off what he owes to the lender.

Another example: A piece of land was owned by two people, and it was a small piece of land that could not be divided. One of the partners asked the other to sell, but the other partner refused. In this case the land may be sold despite the objections of the one who refused, because there is a legitimate reason, which is to ward off harm from his partner. 

So the guideline is: If forcing someone to sell is for a legitimate reason, the sale is valid even if the seller does not give consent to it. Because in this case we are not committing a sin by wronging him or by any other means, so it is permissible. End quote from al-Sharh al-Mumti‘, 8/108 

Thirdly: 

There is nothing wrong with buying a house from the second purchaser and adding it to the mosque. 

And Allah knows best.

Ruling on giving a gift or doing a favour to the lender when paying off a loan

I borrowed some money, but before I paid it back to the person from whom I borrowed it, he asked me to buy something for him and said that he would pay me for it later on. Can I tell him when he gives the money to me that he does not need to do that, as what I bought for him is in return for what I owe him, even if what I owe him is less than what he owes me?.

Praise be to Allaah.

Giving loans is a type of kindness and charity, and it is not permissible to stipulate that favours be done for the lender or to agree that he will get some benefit. The scholars are unanimously agreed that every loan which brings a benefit is riba. 

What you asked about implies two things: 

1.

You are buying something for him. If this does not inconvenience you in any way or before borrowing from him you used to buy things for him, there is nothing wrong with it in that case. But if that will inconvenience you, and such services are usually paid for, and you did not do such things for him before you borrowed from him, then it is not permissible to do that for free, because then it is a benefit that results from the loan, and that is riba, as stated above. 

It says in Zaad al-Mustaqni‘: If he gives something to the lender for free before paying off the loan that he does not usually give, that is not permissible unless the lender intends to respond in kind or deducts it from the debt. 

2.

You want to let him off with regard to the money that is additional to what you owe. There is nothing wrong with this letting him off if it was not stipulated when the loan was given. That is indicated by the report narrated by al-Bukhaari (2393) from the hadeeth of Abu Hurayrah (may Allah be pleased with him) who said: The Prophet (blessings and peace of Allah be upon him) owed a camel of a certain age to a man, and a man came to him and asked him to pay back the loan. The Prophet (blessings and peace of Allah be upon him) said: “Give it to him.” They looked for a camel of the same age but they could not find anything except a camel that was more mature. He said: “Give it to him, for the best of you is the best in paying off debts.” 

Ibn Qudaamah (may Allah have mercy on him) said: If he lends in general terms without any stipulations, then the borrower pays back something that is more valuable or better than what he borrowed, or is less valuable or worse, with the consent of both parties, that is permissible. … Concessions allowing that were granted by Ibn ‘Umar, Sa‘eed ibn al-Musayyab, al-Hasan, al-Nakha‘i, al-Shu‘bi, al-Zuhri, Makhool, Qataadah, Maalik, al-Shaafa‘i and Ishaaq. And because the Prophet (blessings and peace of Allah upon him) borrowed a young camel and gave back something better than it, and he said: “The best of you is the best in paying off debts.” Agreed upon. And because this extra was not stipulated when the loan was given and was not a means of obtaining the loan, therefore it becomes halaal. 

If a man is known for being good in paying off loans, it is not makrooh to lend to him. Al-Qaadi said: And there is a different opinion, that it is makrooh, because he has hope based on that person’s good habit. But this is not correct. The Prophet (blessings and peace of Allah be upon him) was known for being good in paying off loans but that does that make it justifiable for anyone to say that lending to him is makrooh. Moreover, the one who is known for being good in paying off loans is the best of people and is the most deserving of people to have his needs met and his requests answered and his hardship relieved. So it is not possible for that to be makrooh; rather what is not allowed is the additional amount that is stipulated. 

End quote from al-Mughni, 4/212. 

And Allah knows best.

Is it permissible for the borrower to promise the lender a gift when paying off the loan?

If a friend borrowed some money from me then said to me: When I give it back to you I will give you something in appreciation and he did not state a particular amount, is this regarded as a kind of riba or not?.

Praise be to Allaah.

If the borrower gives back more than he took without any prior stipulation or agreement at the time of taking the loan, there is nothing wrong with that. There are a number of hadeeths that speak of that. 

Al-Bukhaari (443) and Muslim (715) narrated that Jaabir ibn ‘Abdullah (may Allah be pleased with him) said: I came to the Prophet (blessings and peace of Allah be upon him) when he was in the mosque and he said: “Pray two rak‘ahs.” And he owed me a debt, so he paid me back and gave me something extra. 

Al-Bukhaari (2305) and Muslim (1601) narrated that Abu Hurayrah (may Allah be pleased with him) said: A man was owed a young camel by the Prophet (blessings and peace of Allah be upon him) and he came to him to ask him to pay it off. He said: “Give it to him. They looked for a young camel and they could not find anything except one that was of older than it. He said: “Give it to him.” And he said: You have paid me off, may Allah reward you. The Prophet (blessings and peace of Allah be upon him) said: “The best of you are those who are the best in paying off debts.” 

Muslim (1600) narrated from Abu Raafi‘ (may Allah be pleased with him) that the Messenger of Allah (blessings and peace of Allah be upon him) borrowed a young camel from a man, then some zakaah camels were brought to him. He told Abu Raafi‘ to give the man back his camel, and Abu Raafi‘ came back to him and said: I could not find anything among them but camels that were better and older. He said: “Give it to him, for the best of people are those who are best in paying off their debts.” 

But if that was done by prior agreement, it is not permissible to give the extra amount or to accept it, because it is one of the forms of riba. 

It says in al-Mawsoo‘ah al-Fiqhiyyah, 23/125: 

The majority of Hanafi, Shaafa‘i and Hanbali fuqaha’, and Ibn Habeeb among the Maalikis, and others, are of the view that if the borrower pays the lender back with something that is better than it in amount or quality, or something that less than it, with the consent of both parties, it is permissible so long as that happened without any prior stipulation or agreement. End quote. 

The scholars of the Standing Committee for Issuing Fatwas said: 

The lender has no right to take from the borrower anything but that which he lent to him, unless the borrower willingly gives something extra in quality or quantity. So there is nothing wrong with it so long as there was no prior stipulation or agreement to that effect. The same ruling applies if this is done on the basis of custom, because a customary stipulation is the same as a verbal stipulation. End quote. 

Fataawa al-Lajnah ad-Daa’imah, 14/134 

Based on that, it is not permissible for the borrower to promise the lender that he will give him a gift when paying it off; he may give him that if it is done without prior agreement. 

And Allah knows best.

It is not permissible to dispose of wealth given as a waqf for the mosque by lending or borrowing

What is the ruling on borrowing or lending to someone money that belongs to the mosque, that was collected to spend on what the mosque needs?.

Praise be to Allaah.

Money that is collected to be spent on the mosques and what they need is money that is part of a waqf and it is not permissible for the one who is in charge of it to borrow any of it for himself or to lend any of it to anyone. He is entrusted with this money to spend it in the manner dictated by those who donated it, which in this case is what the mosque needs, and it is not permissible to dispose of it in any other way. 

Shaykh Zakariya al-Ansaari (may Allah have mercy on him) said: 

The one who is in charge of it has no right to take anything from the property that has been given as a waqf on the basis of liability, and if he does that then he is liable. … and it is not permissible for him to lend it, i.e., the waqf property. This is like lending the wealth of a child under one’s care. End quote. 

Asna al-Mataalib fi Sharh Rawd al-Taalib, 2/472 

Shaykh Mansoor al-Bahooti (may Allah have mercy on him) said: 

The one who lends an item to another should have the authority to donate it. Therefore the guardian of an orphan cannot lend the orphan’s property to anyone; the same applies to one who is entrusted with a waqf. 

End quote. Sharh Muntaha al-Iraadaat, 2/100 

i.e., it is stipulated in the case of lending that the lender should should have the authority to donate what he is lending. Therefore it is not permissible for an orphan’s guardian to lend from the orphan’s property, and it is not permissible for the person in charge of a waqf to lend from the waqf property, because he has no authority to do so. 

And Allah knows best.

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Is it permissible for him to take out a riba-based loan so that he can get a good job after that?

I am a man aged over 40. I have a BSc in computer sciences and a Masters in the same field. I live in America. Every time I start a job, I get fired without any reason being given, except that they refer to one of the clauses in the job contract which says that the employee or the company has the right to cancel the contract without giving any notice or any reason. I have started accepting lower-level jobs in my specialty with lower salaries, but the result is always the same: after two months or six months or seven months, my contract is ended, or in other words they fire me from my job. Last time I worked in major car companies, then they terminated my job without giving any reason; that was four years ago. Since that day I have not been able to find any job except in one of the Gulf countries where I worked for six months, then my contract ended and the manager, who was a Westerner, did not want to renew my contract and none of the Muslims who were citizens of that country defended me. 
I came back to America and to my wife and four children. I have been in America for more than a year and a half and I have not found work. 
I have decided to go and study another specialty other than computers, but I am confronted with the reality that study costs a lot and I have to take a loan from the state and from the bank which will be based on riba. Please note that I have avoided riba for many years in the past because I know that it is haraam. 
But in the present situation I cannot find anyone who is well off and will agree to give me a loan, and I cannot find any work in my specialty. Please note that I have done everything that I should do to make plans to apply for jobs and so on, but I have not succeeded and I do not know what the reason for it is, other than it being a test from Allah. 
I have reached my mid-40s and my four children are growing up and I am unemployed. … I have to change my specialty to another. My wife is very patient but she does not know why I cannot find work. Please note that, praise be to Allah, I adhere to what is halaal and keep away from what is haraam. I have spent all or almost all of my savings, and have exhausted all sources of government assistance, and I only get food stamps. 
I feel that I am forced by necessity to take out a riba-based loan so that I can study for four years, then I will pay back the loan with riba after that. I have looked for other work but I have not found anything.
Is it possible that someone has put a spell on me to prevent me from receiving provision (rizq) from Allah by His leave?.

Praise be to Allaah.

Firstly: 

The issue of provision and wealth has nothing to do with whether one is a believer or a disbeliever. This is something that Allah bestows on all His slaves, believers and disbelievers alike. Allah, may He be exalted, says (interpretation of the meaning):

“To each these as well as those We bestow from the Bounties of your Lord. And the Bounties of your Lord can never be forbidden”

[al-Isra’ 17:20]. 

If the disbelievers and non-Muslims receive ample provision, that does not mean that they are given an honoured status. And if a believer who affirms the Oneness of Allah receives little provision, that does not mean that he is humiliated and of low status. Rather all of that happens in accordance with His knowledge and wisdom. Allah, may He be exalted, says (interpretation of the meaning):

“As for man, when his Lord tries him by giving him honour and gifts, then he says (puffed up): ‘My Lord has honoured me.’

16 But when He tries him, by straitening his means of life, he says: ‘My Lord has humiliated me!’

17 Nay! But you treat not the orphans with kindness and generosity (i.e. you neither treat them well, nor give them their exact right of inheritance)!”

[al-Fajr 89:15]. 

i.e., the matter is not as you think or as these people think. 

Secondly: 

What we warn you emphatically against is resorting to taking out that riba-based loan.  Although riba may seem to bring increase, its consequences will lead to loss: Allah deprives usury (riba) of all blessing (cf. 2:276). So beware of going that route, O slave of Allah. 

See also the answer to question no. 9054 

We do not think that your circumstances justify taking the risk of starting new studies at your age; you may find work in that field or you may not. 

Rather you should try once more, and a second and third time. Seek the help of Allah and do not feel helpless. Turn to your Lord at the time before dawn and in your prayers, and ask Him to relieve your distress and worry, and to increase your provision. 

There is nothing wrong with trying to find work in another field, even if it is not your specialty, even if it is temporary work, and even if they dismiss you after that. Do not despair, O slave of Allah, for no one despairs of the mercy of his Lord except those who have gone astray. 

There is nothing wrong with looking for someone who can recite ruqyah for you among Ahl as-Sunnah, those who are religiously committed and righteous, although we think that what you have mentioned about witchcraft is unlikely. 

May Allah make things easy for you and increase your provision and that of your family. 

And Allah knows best.

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what food provoke desire?

Being a single young student living in london. I would like to know which foods increase the sexual desire in the human body, and what element in food is responsible for this.

Praise be to Allaah.

We urge you to follow the advice of the Prophet (peace and blessings of Allaah be upon him) with regard to food. It was narrated that al-Miqdaam ibn Ma’diYakrab said: “I heard the Messenger of Allaah (peace and blessings of Allaah be upon him) say: ‘The son of Adam does not fill any vessel worse than his stomach. It is sufficient for the son of Adam to eat a few mouthfuls to give him enough strength. If his desire for food overwhelms him, then let him fill one-third with food, one-third with drink and leave one-third for air.” (Narrated by Ibn Maajah, al-At’imah, 3340; classed as saheeh by al-Albaani in Saheeh Sunan Ibn Maajah, no. 2704). Hence some of the scholars included this hadeeth under the heading of controlling desires. You should also fast a lot, heeding the words of the Prophet (peace and blessings of Allaah be upon him): “O young men! Whoever among you can afford to get married, let him do so, and whoever is not able to do that then let him fast, for it will be a shield for him.” (Narrated by al-Bukhaari, al-Nikaah, 4677). The Prophet (peace and blessings of Allaah be upon him) enjoined fasting . So you must also pay attention to the commands of the Allaah, such as lowering the gaze and keeping away from places where men mix with women. If you have the means to get married then hasten to do so, following the command of the Prophet (peace and blessings of Allaah be upon him) mentioned above. With regard to the effects that different foods have, we suggest you refer to the books of nutritional experts. And Allaah is the Source of strength.

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