Loans & Debts

Q: A brother uses his cellphone as a modem. Unfortunately he contracted a virus. The effect of this was that as soon as he put on his phone the counter was just running. The result was that his account which normally comes to about R250.00 came to R5500.00. After investigating it was found that this was caused by the virus.

The service provider says that it is not their problem and they want the account to be settled. Will it be permissible for the brother to pay this account using interest money?

Q: In the year 2000 I got married, and because I assisted my parents to pay the bond, my mum was concerned how she will still expect me to help her because I was starting a new life. My brother in law (sister's husband) Mr A told my mum Mrs J that he will help her pay off her bond.  The bond was R240k, so he told us that he will put R200k and we must find the balance, which we did.  Mr A's 'deal' was that until my parents are alive they will live in the house, even if one had to pass away, the other will still live in the house.  Mr and Mrs J were to have saw to the general expenses, lights and water, rates, plumbing problems etc etc.

In the event of the house being sold, Mr A would get his 'expenses', when asked at that time, what was the expenses we were told R240k including lawyers costs. 

The house is on my name. During this time I travelled from Pta to Dbn since the title deeds of the said house was used by Mr A - he used the house as a guarantor, to take an overdraft from the bank which at that time I was told was being used for HIS business purposes, and I had to come and sign the documents for this.

On the 27th April 2011, Mr A made mention to Mrs J that the house expenses to him is now standing at R500K.... On the 17/05/2011, Mr A phoned Mrs J to say that arrangements must be made to transfer the house to himself.

At no time ever did Mr A state to us that the costs paid in the year 2000 will increase on an annual basis.  Mr A states that the overdraft he took out at that time, we are liable to pay the interest on this. I then asked two questions: 

• When did he stipulate that this cost of R240k (which we accepted as R200k cash and 40k lawyers costs) will increase on an annual basis to such an extent that it now is on R500k.
• When did we sell the house to him that a Transfer must take place?

Now since the 17/05/2011 after I asked these questions, Mr A says he just wants his 'expenses' of R500k, he doesn't care if we take out a bond or whatever, he wants this costs! He maintains that he did tell us that if the house gets sold, he will get HIS EXPENSES - which I say again was NEVER ever told that it would be an annual increase or that we must pay the interest on the Overdraft that was taken out, I must add, for HIS business...

Please help urgently, what is the Shariah ruling for this DEAL?

Q: A few years back, I owed money to a company. A family member who was owing me money undertook to pay it on my behalf in lieu of what he owed me. I have recently found out that this money was never paid by him. On contacting the business, they told me that it has been bought over by another company, but the person I spoke to was unsure whether the company had taken over the debtor’s book of the company and was of the opinion that they had only bought out the stock holding. I have sent them numerous e-mails trying to establish if this was the case, and if so, requested that they provide me with the details of the previous owners so that I may repay this amount. To date, I have had no correspondence from them and find myself in a predicament of not knowing where I stand. What should I do in this situation?

Q: I loaned a certain person R10. When it was time to pay me, he gave me R12. There was no condition or agreement regarding the extra R2. He gave it to me of his own accord. Is it permissible for me to take it?

Q: If i borrowed money from someone and someone else pays that debt of for me without me knowing. What is the ruling?

Q: I would like to know if I borrowed money from someone and he borrowed me haraam money, will this money be haraam for me also?

Q: I have a question regarding debt. In the UK universities are now charging £9000 per year or so to cover the costs. If i take a student loan which is wiped off after 30 years, what would happen if i die and havent paid it all back? Also i want to ask the same question regarding a house mortgage?