Source: http://qa.muftisays.com/?4296
Question ID: #4296
 
Question: How to get rid of suht
About six years ago my husband lost his job. We own a house since before then. Knowing that he is eligible for filing for bankruptcy and that once he is approved he will be exempt from paying any credit cards bills, he thought about taking advantage of the situation by using his credit cards to do a lot of shopping as well as big home repairs. Of course after filing for bankruptcy, he did not have to pay off any loans from credit cards or from the bank. Now we learned that this may be considered haram. How do we fix this knowing that we did not keep records of these companies except the retail stores we used for shopping? We do have decent jobs but not a large amount of saved money. We also made an estimate of the money we used for shopping and gave it as sadaqua but what do we do about the large amount of money that the house repair cost? We still live in that house. Thank you
 
 
Answered by: Ulamaa ID 04 (London)
Date: 03/11/2019 22:03pm

بسم الله الرحمن الرحيم


الجواب حامداومصليا

It is not proper to intentionally declare bankruptcy in such a situation. You must do Tawba and Istighfar. In principle, if the creditors make demands you will still have to repay when you can afford it. 

Abu Huraira RA reported: The Messenger of Allah, ØµÙŽÙ„Ù‘ÙŽÙ‰ اللَّهُ عَلَيْهِ وَسَلَّمَ said, “Delayed payment by a rich person is an act of injustice.”

Whatever you have brought with the money you can take benefit from it. You only give Sadaqah of the Haram money you possess. (Fatawaa Darul Uloom Deoband V.14 Pg.488)

 Ø¹ÙŽÙ†Ù’ أَبِي هُرَيْرَةَ أَنَّ رَسُولَ اللَّهِ  قَالَ Ù…َطْلُ الْغَنِيِّ ظُلْمٌ

( بخاري ) 

  ........ اكتسب حراماواشترى به أو بالدراهم المغصوبة شبئا قال الكرخي ان نقد قبل البيع تصدق بالربح والالا

ولكن الفتوى البوم على قول الكرخي دفعا للحرج لكثرة الحرام
(فتاوى الشامي ج5 ص235)

And Allah knows best

01 ٍSafar 1441/ 01 October 2019


Mufti Qamruzzaman

London, UK
 
www.MuftiSays.com