13/11/2021
Question:
May the peace, blessings and mercy of Allah Almighty be upon you Esteemed Sheikh Saadullah, I pray by the status of our master Muhammad – peace be upon him and his honorable family and companions – that Allah Almighty be pleased with you and use you to benefit the servants and lands of Allah Gracious.
My question is:
A person takes a bank loan to start a business (under Sharia guidelines) with a partner, and this partner is aware of said bank loan. Is he then sinning by staying in this partnership?
Name: Muhammad
I pray to Allah Almighty that it is not a sin. but leaving this partnership keeps him on the safe side with his religion.
May the peace, blessings and mercy of Allah Almighty be upon you as well.
We’re happy to receive your question on this auspicious website and may Allah Most Gracious reward you for your kind prayers and increase you in it.
Firstly, a Muslim should aim to choose for himself a fair and trustworthy partner in business so that Allah Almighty places blessing and success within it. Our master the Prophet – peace and prayers be upon him and his honorable family and companions – says in Al-Hadeeth Al-Qudsi:-
(Allah says:“I make a third with two partners as long as one of them does not cheat the other, but when he cheats him I depart from them.) Al-Imam Abu Dawood may Allah Almighty have mercy on him.
And if you mean to say that your partner took a bearing loan, then that surely is cheating Allah and His fair law that forbade interest. Allah Almighty says:-
{But those who devour interest become like the one whom Satan has bewitched and maddened by his touch. They have been condemned to this condition because they say, ‘Trade is just like interest’ whereas Allah has made trade lawful and interest unlawful. Henceforth, if one abstains from taking interest after receiving this admonition from his Lord, no legal action will be taken against him regarding the interest he had devoured before; his case shall ultimately go to Allah. But if one repeats the same crime after this, he shall go to Hell, where he shall abide forever.} [Surah Al-Baqarah: 275].
Therefore, if one of the partners takes interest, that is a betrayal against Allah and a major sin that necessitates the removal of Allah’s blessings from this trade. And this kind of partner, if he insists on his behavior, then he’s not to be trusted, especially when it comes to finances.
Allah Almighty said:-
{And indeed, many associates oppress one another, except for those who believe and do righteous deeds – and few are they.} [Surah Sad: 24].
That is why the scholars deemed it a Makrooh (undesirable deed) to create partnerships with A Kafir (disbeliever) and those of Muslims who do not avoid forbidden transactions, and they said, may Allah Almighty be pleased with you and them:-
(It is an undesirable deed to associate as a partner with a disbeliever and with those who do not stay away from interest) Sharh Al-Bahja by Sheikh Zakariah Al-Ansari may Allah Almighty have mercy on him.
Furthermore, a person should advise his partner to repent to Allah Almighty, for involvement in usury – whether in giving or receiving – is a major sin, and the menace mentioned for committing it is unlike that of any other sin. Our master Jabir – may Allah Almighty be pleased with him – said:-
(The Messenger of Allah (ﷺ) cursed the one who accepts Ar-Riba (the usury), the one who pays it, the one who recorded it, and the two witnesses to it) Al-Imam Muslim May Allah have mercy on him.
All that being said, it is safe to say that, heinous and sinful as it is, bearing loan belongs to the person once it’s taken, meaning the ownership of that money belongs to the person taking the loan, and the legitimacy of owning the money is a separate matter from the sin of obtaining it through a bearing loan. Thus, he can rightfully start a business with it, but all while bearing the sin of usury as previously stated.
Hence, partnership with this person is allowed, though undesirable. And staying away from it is better and safer and it is far more effective in pursuing this person to change his ways. For if you proceed to partner with him, it might create more temptation for him to take bearing loans, and Allah almighty knows best.
And peace and prayers be upon our master Muhammad and his honorable family and companions.