Saturday, July 20, 2013

Q&A: The One Who Eats Ribaa (Usury) | Sheikh Ata’ Abu Rashtah

Assalaamu Alaikum,
If you permit I would like to ask about the one who commits the act of Ribaa (usury) and if he will be in the fires of Hell forever? It relates to the Tafseer of Aayah 275 as found in the book At-Tayseer Fee Usool At-Tafseer. Thank you Brother.
From Adi Victoria from the Indonesian town of Samarinda.
Answer:
Wa Alaikumu Assalaam Wa Rahmatullahi wa Barakaatuhu,
There are two kinds of people who deal with Ribaa (usury):
First: The kind who believes that Ribaa is Haram and despite this still deals with Ribaa. So this is someone who commits a major sin. He receives a punishment in this life from the Khilafah state and if he is not punished with the Shari'ah punishment in this life then he will have the punishment of the Hereafter and so he will enter the fire but not forever as long as he did not make the Ribaa as halal. So this is the case where he believes that Ribaa is Haraam but still perpetrated that act of disobedience (Ma'siyah). And the one who is 'Aasiy (disobedient) and dies upon Islam then he will not abide in the fire forever due to the saying of the Messenger صلى الله عليه وسلم in a Hadeeth that is Muttafaq Alaihi (agreed upon) related by Anas Bin Maalik who said that the Prophet صلى الله عليه وسلم said:
يَخْرُجُ مِنَ النَّارِ مِنْ قَالَ: لَا إِلَهَ إِلَّا اللهُ
"The one who says: Laa Ilaahah Illallah will be taken out of the fire..."
So this means that he will not abide in it forever.
Second: The one who makes Ribaa Halaal i.e. he states that Ribaa is Halaal and then dies upon this. This kind is a Kaffir (disbeliever) because he has denied that which must be known from the Deen by necessity. Ribaa is Haram in the Quran Al-Kareem by Qat'iyah (definite) Ayat, Qat'iyah Ath-Thuboot (definite in transmission) and Qat'yah Ad-Dalaalah (definite in meaning). So whoever makes Ribaa Halal and dies upon that then he is a disbeliever and this kind will abide in the fire forever. So this is the case of the one who used to deal with Ribaa and deny that Ribaa was Haram. He therefore dies upon disbelief and will stay in the fire (Hell) forever.
The evidence for this is the speech of Allah سبحانه وتعالى in Ayah 275 of Surah Al-Baqarah:
الَّذِينَ يَأْكُلُونَ الرِّبَا لَا يَقُومُونَ إِلَّا كَمَا يَقُومُ الَّذِي يَتَخَبَّطُهُ الشَّيْطَانُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا فَمَنْ جَاءَهُ مَوْعِظَةٌ مِنْ رَبِّهِ فَانْتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُولَئِكَ أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُونَ
"Those who eat Ribaa (usury) will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaitaan (Satan) leading Him to insanity. That is because they say: "Trading is only like Ribaa (usury)," whereas Allah has made trading Halaal and made Ribaa (usury) Haraam. So whosoever receives an admonition from his Lord and stops eating Ribaa (usury) shall not be punished for the past; his case is for Allah (to judge); but whoever returns [to Ribaa (usury)], such are the dwellers of the Fire - they will abide therein forever."
So the last part of the Ayah came commenting upon those:
قَالُوا إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَا
'They say: Trading is only like Ribaa'.
This means that they made Ribaa Halal like trade and they disbelieved in the speech of Allah of Allah سبحانه وتعالى:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
'And Allah has made trading Halaal and made Ribaa Haraam'.
So those whom it reaches that Ribaa is Haram and not Halal and then they believe in this, make Taubah (repentance) and leaving their dealings with Ribaa and they find their capital sums sufficient then Allah سبحانه وتعالى will forgive them by His Favour and Forbearance that which occurred in the past. If however they insist upon Ribaa being Halal and continue to deal with it whilst denying and rejecting the speech of Allah سبحانه وتعالى:
وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَا
"And Allah has made trading Halaal and made Ribaa Haraam",
and then die upon that, then they will be from those who the speech of Allah applies upon:
أَصْحَابُ النَّارِ هُمْ فِيهَا خَالِدُون
"Such are the dwellers of the Fire - they will abide therein forever."
The following is the summary of what is understood from the Shariah texts:
1. That the one who perpetrates the act of dealing with Ribaa whilst believing that it is Haram, then this person is 'Aasiy (disobedient) and Faasiq (rebellious to Allah's Commands). If he dies upon Islam then he will not abide in the Hell fire forever but rather he will be punished in it for as long as Allah wishes and then is removed from the fire by His Permission, Subhaanahu.
2. The one who perpetrates the act of dealing with Ribaa whilst denying that it is Haram meaning that he has made it Halal for himself. If he then dies upon that then he would have died upon disbelief (Kufr) and spend eternity in the fire.
Allah has made us from amongst the truthful believers who make Haram that which Allah has made Haram and make Halal that which Allah has made Halal. Those who abide by the Ahkam Ash-Shariah as they have come, those whom Allah has honoured with Islam in this life and as a result he grants them victory over their enemies and honours them with Islam in the Hereafter by admitting them into His سبحانه وتعالى's Jannah and raising them amongst the Prophets, truthful, martyrs and righteous. And how good a company these will be to be with.
Your brother,
Ata Bin Khalil Abu Al-Rashtah
28 Shaban 1434 AH
07 July 2013 CE

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