a little question

[tkz159]

Assalamu alaykom,
so here's my situation, my parents are divorced from when I was a kid, and so I go to see my father from time to time and he gives me money, the thing is not so long ago my father made a restaurant and I know that he got a loan from the bank, that is riba' no questions asked, but the profits he makes from that restaurant are they also haram money?
So should I not use the money my father gives because of the uncertainty of it being "halal" or not?

But I want to ask in a general way, when one takes a loan from the bank, there's the interest wich makes it a haram act, but is the money taken not halal on the one who took it or only the interest is haram for the bank after the money is given back and only the act is haram on the one who took it?

Thank you for your time!

 

[IslamLife00]

I don't really know if earning from such business is halal, but even if it is, your father still needs to pay off his debt before death comes to him.

A believer cannot enter Jannah if he/she still has unpaid debt. If you have the means to, help your father pay off this debt.

Unfortunately because it is interest based loan, he cannot pay off the loan without paying the interest as well. The Prophet sallallahu 'alayhi wa salaam cursed those who consume riba, witnesses it, and paying it.

This is why it is better for him to pay off his debt as soon as he can because that way he won't be paying as much interest.

This is my understanding, Allah knows best and may Allah forgive me if I'm mistaken. Later on I'll post a few hadiths I have read before about this.

 

[IslamLife00]

Abu Hurairah narrated that:The Messenger of Allah said: "The believer's soul is suspended by his debt until it is settled for him." (Jami` at-Tirmidhi )

It has been reported on the authority of 'Amr b. al-'As that the Messenger of Allah (ﷺ) said:All the sins of a Shahid (martyr) are forgiven except debt. (Sahih Muslim)

Al-Harith narrated from 'Ali:"The Prophet (s.a.w) judged with the debt before the will, and you people recite the will before the debt." (Jami` at-Tirmidhi)

The above hadiths show the importance of paying off debt before death. If your father passes away before he is able to, his debt can be paid off from his will.


It was narrated from Husain, Mughirah, and Ibn 'Awn, from Ash-Sh'abi, from Al-Harith, from 'Ali, that:The Messenger of Allah [SAW] cursed the one who consumes Riba, the one who pays it, the one who writes it down, and the one who withholds Sadaqah (Zakah). And he used to forbid wailing (in mourning for the dead). (Sunan an-Nasa'i )

 

[Zzz_]

Assalamu alaykom,
so here's my situation, my parents are divorced from when I was a kid, and so I go to see my father from time to time and he gives me money, the thing is not so long ago my father made a restaurant and I know that he got a loan from the bank, that is riba' no questions asked, but the profits he makes from that restaurant are they also haram money?
So should I not use the money my father gives because of the uncertainty of it being "halal" or not?

The scholars have stated that if a person has mixed wealth that includes both halaal and haraam, it is permissible to eat from his wealth and it is permissible to deal with him in all ways, but it is better to be cautious.

https://islamqa.info/en/45018

But I want to ask in a general way, when one takes a loan from the bank, there's the interest wich makes it a haram act, but is the money taken not halal on the one who took it or only the interest is haram for the bank after the money is given back and only the act is haram on the one who took it?

Thank you for your time!

The scholars are unanimously agreed that riba-based loans are haraam.
Ibn Qudaamah (may Allah have mercy on him) said: Any loan in which it is stipulated that more (than the original amount) be paid back is haraam, and there is no difference of scholarly opinion concerning that. Ibn al-Mundhir said: They are unanimously agreed that if the lender stipulates that the borrower must pay back more or give a gift, and he gives the loan on that basis, if he takes anything additional to that, it is riba. It was narrated from Ubayy ibn Ka‘b, Ibn ‘Abbaas and Ibn Mas‘ood that they forbade loans that bring benefits. End quote from al-Mughni, 6/436


So it's not just the accumulated interest that is haram but the whole loan is haram because it is whole transaction you are dealing with, unless there was a agreement that no interest will be paid, such as an education loan whose interest is paid by the gov't while the student is in college but then he would have to pay the whole amount off before the interest charged to him. That's my understanding of it.

 

[Supernova]

Assalamu alaykom,
so here's my situation, my parents are divorced from when I was a kid, and so I go to see my father from time to time and he gives me money, the thing is not so long ago my father made a restaurant and I know that he got a loan from the bank, that is riba' no questions asked, but the profits he makes from that restaurant are they also haram money?
So should I not use the money my father gives because of the uncertainty of it being "halal" or not?

But I want to ask in a general way, when one takes a loan from the bank, there's the interest wich makes it a haram act, but is the money taken not halal on the one who took it or only the interest is haram for the bank after the money is given back and only the act is haram on the one who took it?

Thank you for your time!

Asalaamualaykum

The money that your father profits from the business (As long as the actual running of the business is Halaal) would be considered Halal Income.

In this particular case that you have stated, Your fathers sin is the Riba. (The loan transaction).

Explanation: If one where to consider the very beginning of a Haraam transaction as fortifying everything that follows as Haraam or thereof - then almost the entire Ummah would be in one way or the other earning Haraam money. An example is of a person who pays a Riba mortgage. After freeing the house, he now sells the house for a profit. His actual sin was the Riba mortgage - not the transaction of selling the house. Most Ulema (That i know of) all agree the profit is Halaal but the Riba is sinful.

I would suggest that in future you ask a VERY learned scholar when it comes to Islamic Economics. Most Scholars dread the very subject and most of them find it one of the most difficult modules in their course.

Please double check my answer with a Hanafi scholar. (I could only answer from this Madhab) If I am wrong- please do let me know.