Procrastination or evasion (avoidance) of a payment (or settlement) of debt, or a right which one has to fulfill towards others is considered Dhulm, i.e. injustice, especially when a person is in a position to make its payment immediately.
Abu Hurairah (Radia-Allaahu ’anhu) narrated that Allaah’s Messenger (Salla-Allaahu ‘alayhi wa sallam) said: “It is an act of oppression on the part of a person to procrastinate in fulfilling his obligation. Also, if your debt is transferred from your debtor to a rich debtor, you should agree (if the repayment of the debt which is due to any of you is undertaken by a rich person, you should agree to the substitution).” [Agreed upon]
Commentary
1- This Hadeeth urges the believers to hasten to fulfill the rights and avoid procrastination; and if he did procrastinate, then he is Dhaalim (a wrong doer).
There are many sponsors who do this to those (workers/ helpers) who are under their sponsorship; they do not give them their due rights, and threaten them with deportation if they speak up. These oppressors do not know that Allaah is above and He is Most High and He is Able to give power to someone who will afflict them with the worst torment before their death.
Every hour or moment that passes by, while they do not fulfill their obligation towards the poor people who have rights on them, only increase in remoteness from Allaah. They increase in oppression and oppression is darkness on the Day of Resurrection.
How many (workers/ helpers) come to those (some of who are wrongdoers) and ask them to pay for something they bought, or ask for their wages and they (wrongdoers) say: “Tomorrow or after tomorrow,” though the money is with them. The Shaytaan is playing with them because keeping money with them will not make it increase! They are misguided and not mindful of others rights.
2- Allaah (Ta’ala) commands the believers in Surat an-Nisaa’ (4:58) to render back the trust to its people, saying:
إنَّ الله يأمركم أن تؤدوا الأمانات إلى أهلها
“Indeed, Allaah commands you to render back the trust to those to whom they are due.”
Of the trusts is the price of sold items. If someone sold something to you, its price remains with you as a debt (liability) until you pay it, and it is unlawful for you to procrastinate (i.e delay) paying it.
Similarly, the hired staff (anyone employed to do a job for you) whether an employee or laborer or workman, should be given their wages immediately.
The Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “Give the workman (or employee) his wages before his sweat dries.” [Saheeh Ibn Maajah]
3- The statement of the Prophet (Salla-Allaahu ‘alayhi wa sallam): “The procrastination of the rich person” indicates that the procrastination of the poor person is not considered Dhulm (oppression- injustice). If one does not have (money) to pay back the debt and he procrastinates, he is not considered a wrong-doer. Rather, the one who asks him to pay it back is Dhaalim (an oppressor).
Therefore, if the person who owes you is a poor person, it is obligatory upon you to give him respite and not to ask him, thus acting upon Allaah’s Statement in Surat al-Baqarah (2:280):
وإن كان ذو عسرة فنظرة إلى ميسرة
“And if someone (the debtor) is in hardship (has no money) then [let there be] postponement (grant him time) until it is easy for him to repay.”
Allaah (Ta’ala) obligated waiting until a time of ease. It is not permissible for the rich creditor to ask for his due right if he knows that the debtor is poor. And if the judge comes to know that the debtor is poor, he should rebuke the one who claims his due (right) because he is Dhaalim (a wrong-doer).
4- The Prophet’s (Salla-Allaahu ‘alayhi wa sallam) statement: “If your debt is transferred from your debtor to a rich debtor, you should agree,” means since the postponement of paying debts by a rich person is injustice, then one should accept the Hawaalah (the transference of a debt from one person to another, which is an agreement whereby a debtor is released from a debt by another becoming responsible for it). For one may be better able to collect the debt from the rich man rather than the transferor. Thus, by accepting the Hawaalah, one helps the rich man to avoid injustice. [Fat-h al-Baari]
For example: if a person claims 100 Dinars from Zaid and Zaid says to the person: ‘I have a claim on ‘Umar for 100 Dinar, so I transfer you to ‘Umar to collect your 100 from him,’ in this case the claimer should not refuse because the Prophet (Salla-Allaahu ‘alayhi wa sallam) said: “If your debt is transferred from your debtor to a rich debtor, you should agree,” except in case the other debtor is poor or is known to be a procrastinator or is related to the person whom he cannot take to court. It is important to know that if there is any hindrance, it is permissible for him to refuse the transference. But if there is no hindrance then he should agree to the transfer.
The scholars differed regarding one matter, which is whether it is obligatory to accept or is it recommended?
According to the Hanbali Madh-hab, it is obligatory upon the claimer to transfer if he is transferred to a rich person (debtor). However, the majority of the scholars are of the opinion that it is recommended because one is not entitled to transfer. He may say that it is easier for him to ask the first debtor for his right, but he is afraid and in awe of the second one. Undoubtedly, it is better to transfer except if there is a legal deterrent.
Source:
Sharh Riyad us-Saliheen by Shaikh Ibn ‘Uthaimeen.
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