Fatwa #1402711 March 2006Netherlands
We have given a big loan to our maternal uncle. He is a big cheat, since more than one year he has not returned the amount despite our requests. My mom being a haji, can she lie to him for taking back that amount
Question
1) We have given a big loan to our maternal uncle. He is a big cheat, since more than one year he has not returned the amount despite our requests. My mom being a haji, can she lie to him for taking back that amount , like "we took this money from someone else or we have to give it to someone else". Because, if we say its ours he will never return it.
2) My maternal uncle cheated on my paternal aunt by taking a huge sum of money from her promising her son's admission in engineering college. But when she found out in the college, they didnot charge so much amount. Now my paternal aunt is blaming my mom and dad that they didnt warn her my uncle was a fraud. So my dad decided to give her the amount to save my mom's brother's (i .e. my uncles) dignity. So my question is, We had deposited some amount in bank and we get a small interest on that... can we pay that amount to our paternal aunt to save my uncle's dignity?
3) My paternal aunt is a widow so my dad gives her some money every month. Can we give this amount from the zakath for 1-2 months?
4) We have many mosquitoes in our area, we got a mosquito burning device. Is it jayaz to burn mosquitoes?
Answer
1. According to Shariah, it is not permissible to speak lies in trying to recover the money from your uncle. However, if you do owe people money, it will be appropriate to present that as an excuse. Alternatively, your parents could engage some senior members of the family to persuade him to give the money.
2. In principle, your father is not obliged to pay your paternal aunt any amount. Your father did not take responsibility to repay your uncle’s debt. Your aunt should have applied her own discretion at the time of offering the loan and can not make your father responsible for the amount. It is not permissible to pay your aunt with the interest earned from the account at the bank.
3. If your aunt does not have any money equal or more than the nisaab (minimum zakaatable amount) of Zakaat, she will be entitled to receive Zakaat. However, if she has money equal or more than the zakaat nisaab, it is not permissible to give her Zakaat.
4. It is permissible to kill those insects that cause harm like mosquitoes.
And Allah Knows Best
Mufti Ebrahim Desai