Is there anything that devolves upon the claimant in detail for the procedures he took in collecting his debt and donating it, and is he mistaken?
If the debtor is in straitened circumstances, he must be granted a respite and it is not permissible to sue him. If you sued him, you have wronged him, and you must seek his forgiveness, repent, and ask for Allah's forgiveness. However, if he is capable but delays payment, it is permissible to sue him, and he will be liable for the litigation costs. An oath before a judge is taken according to what the oath-taker is asked to swear upon, not according to the intention of the one swearing, as the Prophet, peace and blessings be upon him, said: "Your oath is according to what your companion believes you," and "The oath is according to the intention of the one who administers it." The money you obtained is your right, and you must repent for what you did. If the court ordered him to pay the litigation costs in addition to the debt amount, then you are obliged to return the excess beyond the amount of your debts and the litigation costs.
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- Original fatwa ID
- 17301
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