Question:Recently, the phenomenon of procrastination in repaying debts by debtors to creditors has become widespread. Here are several issues we place before your Eminence, hoping for your answer, and with deep thanks: 1.What measures can a creditor take against a procrastinating debtor? 2.Does the creditor have the right to force the procrastinating debtor to repay the debt, even by force? 3.Does the creditor have the right to charge the procrastinating debtor the expenses of filing a lawsuit in court? 4.Does the justice of the procrastinating debtor fall away?

Answer:1: In the name of Allah, if the creditor knows that the debtor is capable of repaying the debt, he may exert pressure through social means, and if he is unable, then he may resort to official courts. Allah knows best. 2: In the name of Allah, physical force and verbal abuse (such as insults) should not be used. Rather, the creditor must adhere to what we previously mentioned. Allah is the Guide. 3: In the name of Allah, the answer is clear, but the creditor is not permitted to take more than his rightful due, nor is he permitted to charge the debtor the court expenses. Allah knows best. 4: In the name of Allah, if the debtor is capable of repayment and deliberately neglects it, then he is sinful (fāsiq). Allah knows best.

Question:My father passed away, and I came to know that he owed debts to many people. Some of these debts are documented in writing, and some are not. If one of my father’s acquaintances came to me claiming that my father had borrowed money from him, but without written proof, and he says he is willing to swear on the Qur’an that my father borrowed from him—am I required in this case to repay the amount if he swears?

Answer:In the name of Allah, if you gain reassurance and confidence in the claim of the one who asserts what you mentioned, then you must act upon that conviction. If you do not attain such certainty, then you and the claimant who alleges your father’s borrowing must present the matter before the legitimate religious authority so that the truth may be clarified, God willing. Allah is the Guide.

Question:Is it obligatory to write a document that proves the amount of the debt along with witnesses, or is it only recommended?

Answer:In the name of Allah, it is recommended, not obligatory. Allah knows best.

Question:Is the obligation or recommendation of writing and witnessing the debt conditioned upon the lender requesting the borrower to do so? And in the absence of such a request, is the borrower not obligated or recommended to write it?

Answer:In the name of Allah, it is not conditioned upon such a request. Allah knows best.

Question:Is the command mentioned in the verse: "When you contract a debt for a specified term, write it down" (Qur'an 2:282) a legislative (mawlawi) command or an advisory (irshadi) one?

Answer:In the name of Allah, it is a legislative command of recommended (mustahabb) nature. Allah knows best.

Question:A person borrowed money from the bank to lend it to another person because the latter does not meet the requirements to receive the loan. We have two transactions: the first between the bank and the first person, and the second between the first person and the second person. The second person pays monthly installments to the first person, who in turn pays the bank. The first person passed away, and the bank waived the remaining installments. Should the second person be obliged to pay the remaining installments to the heirs, or is their obligation waived when the bank waived the first person's debt?

Answer:In the name of Allah, if the debtor borrowed money from the deceased first person, meaning that the deceased borrowed for themselves from the bank and then lent it to the second person, in this case, the second person must fully repay the amount. However, if the deceased person was merely an intermediary to transfer the money from the bank to the beneficiary, in this case, the beneficiary is not obliged to pay the remaining amount, and this is known based on the agreement between the deceased and the beneficiary. Allah knows best.

Question:Is it permissible to borrow money from banks with usurious interest for doing some commercial work in buying and selling homes, especially this is what is happening in America? Is it possible for my Christian partner to borrow such money in his name or in the name of the company with which I am a partner, and can I dispose of this money for the benefit of the company, then share the profit and loss?

Answer:In the name of Allah, it is forbidden if you are the one to pay the usury as mentioned in the question. However, it is permissible to buy an amount with a higher price as if you buy one thousand USD with an amount of a thousand and one hundred USD, provided that you pay it on installments where you deal with the other party verbally and he writes whatever he wants as per his laws. There is no problem on your side in this case. Allah knows best.