Bankruptcy, business dispute : [paying debt to other than the creditor]

Fatawa Question

Salaams Dr. Monzer, pls. help replying this brother : Five years back I (lender) loaned my brother in law (debtor) a large sum of money. Recently, while learning about debts, and the serious consequences of having debt, I decided to request from my brother in law that he starts to make intention to pay off his debts to me. There was no written agreement, though there is no dispute around amount. Though I did not ask for the money back now, Alhamdulillah, he managed to find the sums owed to me. However, instead of giving me directly the money back, he gave the owed money to someone else (another member of my family) to give to me, then texted me "several days later" to tell me he had done so - he tells me it was easier to give to them instead of me, though in reality I live 10 minutes from him, have a mobile phone, have msn, and am in the neighborhood, and the sum of money is very large. My brother in law says he has cleared his debt because he has given the money, and Allah SBT knows his intention, and intention is everything in Islam. I have also learnt that the individual who he gave the money to owes him money in return. They say they will someday give me the difference back between their debt to my brother in law, and his debt to me. I am left confused with this situation. On one hand my brother in law is telling me he has fulfilled his obligation to his debt making statements such as "as Allah is my witness" he has paid off his debt and Allah SBT knows his intention, he has fulfilled his obligation to me, and I should try and get the money from this other person, and if I can't it’s not his issue. On the other hand there is some Fitna here from this other person as they are using the money to pay my brother in law back and upset me at the same time. I as the lender still have not received anything from anyone. This situation hurts personally. I am looking for some advice on what does Islam say about debt in regards to the debtor repaying the lender directly and what is the obligation / relationship if any ? has my brother in law paid off his debt in this situation or is he misguided ? Does he has any obligation to me as the lender, or is giving the money to someone else to give to me acceptable even though I have received nothing ? I don't doubt his original intention may have been pure, but his actions seems strange especially concerning the way nothing was discussed with me until several days after the event, and adding to the fact he is aware they owe him money in return and wouldn't give the money to me directly. I am trying not to get upset by all of this, and I pray Allah SBT gives me patience to deal with this. From this personal situation I understand now far more why debt is disliked in Islam, and the negative actions of those in debt by observing their behavior. Advise greatly appreciated. I spoke to him face to face, which is where I was given quote "as Allah is my witness" he has paid off his debt, that it’s about intention, intention means everything in Islam, and because his intention was to pay me off, he's done it, and I should sort the money out from my other relative, it’s my issue now. It all feels wrong inside. I am merely a student of Islam, not an authority, nor do I want to attempt to quote things wrong, in fear that I may say something inaccurate or wrong, hence I'm searching for some sort of Islamic position advice. As I have said his original intention may have been right, but the action doesn't represent the intention, and there is some hint of Fitna or wanting to hurt me personally. Salaams

Fatwa

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Publication Date

2009-02-01

Main Subjects

Religion
Law
Islamic Studies

Topics

• Islamic jurisprudence
• Debt repayment
• Debts

No. of Pages

2

Data Type

Fatawa

Language

English

Record ID

BIM-733942

• APA
• MLA
• AMA