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The
question:
A man engaged employees to perform a work for him but he did
not remunerate them. Is it permissible for them to take their rights by force
if they can or take them secretly if they are weak?
There are among our brothers who have founded
such act on the hadith of Hind when she claimed her husband to the Prophet صلى
اللهُ عليه وآله وسَلَّم.
They have also attributed this
opinion to Ibn Hazm –رحمه الله-. Thank you!
The
answer:
All praise is due to Allah, the Lord of the Worlds. Peace
and blessing be upon whom Allah sent as a mercy to the Worlds, upon his Family,
his Companions and his Brothers till the Day of Resurrection.
What is included in the content of the question is known as
the issue of "obtention". The scholars have different opinions
regarding this issue. The majority of them consider that it is recommendable to
not reward a person for wrongdoing by another wrongdoing, in accordance with the
hadith of Abu Hurayra according to the Prophet صلى اللهُ عليه وآله
وسَلَّم: "Pay the
deposit to him who deposited it with you, and do not betray him who betrayed
you.".
What makes us say that it is recommendable are the verses which indicate the
permissibility, as Allah's عزّ وجلّ saying:
﴿وَجَزَاءُ سَيِّئَةٍ
سَيِّئَةٌ مِثْلُهَا﴾ [الشورى: 40].
The meaning of the verse:
﴾The recompense for an evil is an evil like thereof﴿ [Ash-Shûra (The Consultation): 40], and the
verse:
﴿وَإِنْ عَاقَبْتُمْ
فَعَاقِبُوا بِمِثْلِ مَا عُوقِبْتُمْ بِه﴾ [النحل: 126].
The meaning of the verse:
﴾And if you punish (your enemy, O you believers in the Oneness of Allâh), then punish them with the like of that with which you were
afflicted.﴿ [An-Nahl
(The Bees): 126] and other verses.
The considered opinion in this question is the saying that
it is obligatory to take money according to his right from the unjust person whether
it is of the same kind of what was taken from him or not, but without being
unjust to the oppressor, and this by taking only one's due right after the selling,
and if it exceeds his right, he should give him the excess or to his
inheritors. If it does not attain the due right, then the unjust person is
required to give it to him, and there is no exception only when he is forgiven
the fees he owes to him.
What is considered as argument in this question is Allah's عزّ
وجلّ saying:
﴿وَلَمَنِ
انتَصَرَ بَعْدَ ظُلْمِهِ فَأُوْلَئِكَ مَا عَلَيْهِمْ مِن سَبِيلٍ﴾ [الشورى:
41].
The meaning of the verse:
﴾And
indeed whosoever takes revenge after he has suffered wrong, for such there is
no way (of blame) against them.﴿
[Ash-Shûra (The Consultation): 41]. And Allah's عزّ وجلّ saying:
﴿وَالَّذِينَ
إِذَا أَصَابَهُمُ الْبَغْيُ هُمْ يَنتَصِرُونَ﴾ [الشورى: 39].
The meaning of the verse:
﴾And
those who, when an oppressive wrong is done to them, they take revenge.﴿ [Ash-Shûra (The Consultation): 39].
And the verse:
﴿وَالْحُرُمَاتُ
قِصَاصٌ﴾ [البقرة: 194].
The meaning of the verse:
﴾and for the prohibited things, there is the Law of Equality (Qisâs).﴿ [Al-Baqara (The Cow):
194].
And the verse:
﴿فَمَنِ اعْتَدَى
عَلَيْكُمْ فَاعْتَدُوا عَلَيْهِ بِمِثْلِ مَا اعْتَدَى عَلَيْكُمْ﴾ [البقرة:
194].
The meaning of the verse:
﴾Then
whoever transgresses the prohibition against you, you transgress likewise
against him﴿ [Al-Baqara
(The Cow): 194].
And among the hadiths that support this opinion, the hadith
of the Prophet صلّى الله عليه وآله وسلّم who told Hind, the wife of Abu Sufyân, "Take what is
sufficient for you and your children, and the amount should be fair and
reasonable"
as she deserves the expenses. Al-Bukhâri has also reported the hadith "If
you stay with some people and they entertain you as they should for a guest,
accept their hospitality, but if they don't do, take the right of the guest
from them".
This been said, if we assume that the aforesaid hadith of
Abu Hurayra: "… and do not betray him who betrayed you" is authentic,
it cannot be taken as an argument in such question, as taking one's right back
is not a betrayal, on the contrary, it is a right and a duty. A betrayal is however,
to betray, by using injustice and falsehood, a person who owes you no right, as
Ibn Hazm Ad-Dâhiri declared, then As-San`âni who agreed with him by saying:
" Among the arguments that support this, the hadith : "Help your
brother, whether he is an oppressor or he is an oppressed one",
as the mentioned hadith indicates clearly the obligation, and helping the
oppressor consists in taking him away from injustice by taking back the money he
has unjustly taken from people".
I say: all this if there is no evil that will result from
taking back their rights by such a way that is equal to the wanted interest or
stronger than it. If there will be an evil as a result of their action, then it
is not permissible in accordance with the rule that stipulates that: "Repelling
harm takes precedence over procuring benefits".
The perfect knowledge belongs to Allah. Our last prayer
is all praise is due to Allah, the Lord of the Worlds. Peace and blessing be
upon our Prophet صلّى الله عليه وآلِه وسلّم, his Family, his Companions and Brothers
till the Day of Resurrection.
Algiers, 19th Ramadân, 1417H.
Corresponding to: January 28th, 1997.
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