To the Scholar Ata Ibn Khalil Abu Al-Rashtah, may Allah Protect you. As-Salaamu Alaikum Wa Rahmatullah:
What is the Hukm (Islamic ruling) concerning the Haram money after Taubah like the money that has come by means of interest, stealing, vulgar singing, or other than that?
Is their specification or is the Hukm singular?
And if the money was Haram and even if the one who possessed it had sought repentance (Taubah) there could be a person that wishes to make Taubah but fears the loss of his wealth... So is there in this an exception so that his Taubah is coveted like some of the Sheikhs have stated?
From Tamir Al-Hajj Muhammad
Wa Alaikumu Assallam Wa Rahmatullahi wa Barakaatuhu,
Allah سبحانه وتعالى says:
يَا أَيُّهَا الَّذِينَ آمَنُوا تُوبُوا إِلَى اللَّهِ تَوْبَةً نَصُوحًا
"O you who have believed, repent to Allah with sincere repentance."
And He سبحانه وتعالى has said:
إِلَّا الَّذِينَ تَابُوا وَأَصْلَحُوا وَاعْتَصَمُوا بِاللَّهِ وَأَخْلَصُوا دِينَهُمْ لِلَّهِ فَأُولَئِكَ مَعَ الْمُؤْمِنِينَ وَسَوْفَ يُؤْتِ اللَّهُ الْمُؤْمِنِينَ أَجْرًا عَظِيمًا
"Except for those who make Taubah (repentance) and correct and hold fast to Allah and make their Deen purely for Allah, then those who do this are with the believers and Allah will provide the believers with a great reward."
At-Tirmidhi extracted a Hadith narrated by Anas Bin Malik (ra) from the Prophet صلى الله عليه وسلم:
كُلُّ ابْنِ آدَمَ خَطَّاءٌ وَخَيْرُ الخَطَّائِينَ التَّوَّابُونَ
"Every son of Adam errs (sins) and the best of those who sin are those who repent."
And in order for the Taubah to be valid and for Allah سبحانه وتعالى to forgive the one who repents his sin, then it is obligatory for the one repenting to remove himself from the sinful act of disobedience, and regret disobeying Him سبحانه وتعالى in this act that he had done in the past and resolve a decisive firm determination to never return to the like of that act.
And if that act of disobedience was connected to the right of another person then it is a condition to return that unjust act to its people or receive exoneration from them. So if he has property (wealth) that he has taken from them by stealing or illegitimate usurpation then it is obligatory to return the property to its rightful owner and to rid of this unlawful gain according to the Shar'i manner. This is because acquiring funds (property, wealth) through Haram means carries severe consequences. Ahmad extracted a Hadith narrated by Abdullah Ibn Masoud (ra) that the Messenger of Allah صلى الله عليه وسلم said: «...وَلَا يَكْسِبُ عَبْدٌ مَالًا مِنْ حَرَامٍ... إِلَّا كَانَ زَادَهُ إِلَى النَّارِ» "And a servant does not acquire money from Haram except that it would be a provision for him in the fire."
At-Tirmidhi extracted from Ka'ab Bin Ujrah narrated that the Messenger of Allah صلى الله عليه وسلم said:
يَا كَعْبَ بْنَ عُجْرَةَ، إِنَّهُ لَا يَرْبُو لَحْمٌ نَبَتَ مِنْ سُحْتٍ إِلَّا كَانَتِ النَّارُ أَوْلَى بِهِ
"O Ka'ab no morsel (i.e. anything) that comes by way of Suht (illicit money) brings profit except that that the fire has more right to it."
So how does this person you ask about want to repent while he retains the Haram money in his possession?! This is not Taubah but rather this is a continuation of the bad. So I advise him to make Taubah and rid himself from the Haram gain in accordance to the Shar'a (Islamic Law). And to return the Haram money that he stole or usurped to its rightful owners, requests their pardon and seeks forgiveness from Allah firstly and lastly. Allah سبحانه وتعالى is Ar-Razzaaq (the One who provides all sustenance) and Possessor of the Insurmountable Power (Al-Quwwah Al-Mateen) and if He سبحانه وتعالى Wills to compensate him with wholesome and blessed wealth which He will honour him with in this life and the next. And Allah سبحانه وتعالى loves the Taubah of His slave if he is truthful and sincere. He will reward him with the fullest of reward.
I ask Allah سبحانه وتعالى to guide this man to the rightly guided course in this matter so that he makes seeks repentance sincerely and Allah سبحانه وتعالى is the most giving in His Forgiveness.
Ata Bin Khalil Abu Al-Rashtah
26 Shaban 1434 AH
05 July 2013 CE