Question
What is the position of Islamic Scholars on a person who stole money and then bought something with that stolen money? Is the purchased item Halal or Haram?
بسم الله الرحمن الرحيم
الجواب بعون الملك الوهاب اللهم هداية الحق والصواب
Answer
Stealing is Haram (forbidden) and bringing stolen money into use is also Haram. The person must repent for this sin and must also return the full amount of stolen money to its rightful owner.
As for the purchased item, it belongs to the buyer, and it is permissible for them to use it.
According to the Mufta Bihi position in the Hanafi School of Law (i.e. the dominant position), the item purchased with Haram money only becomes Haram when both the contract (‘Aqd) and the payment (Naqd) are specified with the Haram money, i.e. the Haram money is specified as the payment for the purchase of the item.
However, if the contract and payment are not specified with the Haram money (which is typically the case), the purchased item does not become Haram. It remains Halal and ethical.
There are two scenarios in which the contract and payment are specified with the Haram money:
1. You hand over the (Haram) money to the Seller, instructing, “Give me such and such item in exchange for this money.”
2. You show the (Haram) money to the Seller, saying, “Give me such and such item in exchange for this cash,” and then actually use that very Haram money to pay for it.
In both scenarios, the purchased item will also be Haram.
However, purchases, usually, do not occur in this manner; at the time of the deal, the specific cash bills are not usually declared; therefore, prohibition of the Haram money doesn’t transfer to the purchased item.
In Radd al-Muhtar ala ad-Durr al-Mukhtar, it is stated:
رجل اکتسب مالا من حرام ثم اشتری فھذا علی خمسۃ أوجہ: أما إن دفع تلک الدراھم إلی البائع أولا ثم اشتری منہ بھا، أو اشتری قبل الدفع بھا ودفعھا، أو اشتری قبل الدفع بھا ودفع غیرھا، أو اشتری مطلقا ودفع تلک الدراھم، أو اشتری بدراھم آخر ودفع تلک الدراھم ۔۔۔ قال الکرخی: فی الوجہ الأول والثانی لا یطیب وفی الثلاث الأخیرۃ یطیب وقال أبوبکر: لا یطیب فی الکل، لکن الفتوی الآن علی قول الکرخی دفعا للحرج عن الناس
(Radd al-Muhtar ala ad-Durr al-Mukhtar, Vol. 7, Kitab al-Buyou’, Chapter: If One Acquired Haram Money and then Made a Purchase, Pg. 490, Dar al-Kutub al-Ilmiyyah, Beirut)
The Imam of Ahl-ul-Sunnah, Imam Ahmad Rida Khan (رحمة الله عليه), states in Fatawa Ridawiyyah:
“If the Haram money was in the form of gold, silver, or currency, and it was used to purchase property or for business, then according to the Mufta Bihi position, if both the contract and payment are specified with that Haram money— i.e., you showed the seller that Haram money and said, ‘Give me such and such item in exchange of this,’ and then you made the payment with that Haram money, or you handed that Haram money to the seller and then took an item in exchange for that Haram money, then that item is absolutely Haram and unethical… But if the contract and payment are not specified with the Haram money, e.g. you generally purchased an item by instructing, “Give me that item.”, without specifying the Haram money for it, and then it’s with that money that you purchased it, or you showed the Haram money but paid with money other than that, then the purchased item is pure.”
(Fatawa Ridawiyyah, Vol. 23, Pg. 552, Raza Foundation, Lahore)
He further explains:
“If someone buys a movable item, even if it is land, with money earned through immoral actions, and the contract and payment are not specified with the Haram money, as is usually the case, then the purchased item will not be Haram.”
(Fatawa Ridawiyyah, Vol 23, Pg. 594, Raza Foundation, Lahore)
Answered By: Mufti Sajid Attar
Translated Answer
Date: 20th August 2024