Unsettled debts

Making an effort to repay the loan

Q: I have taken some money from a friend from Australia. While taking the money, I planned to work abroad so that I can earn big amounts and pay back the money. I want to ask that now I am not in a condition to return the money. Is that a sin for me? What should I do? The person hasn't asked me for the money, and knows that I am not in a financial condition to return the money.

Refusing to settle one's debt

Q: My brother took a loan from me for 2-3 days by telling me that he needs the money urgently and he had sold his shop and would get money in 2-3 days and pay me. But he was lying to me. He was under heavy debt taken from many people and was not selling his shop (I don't know if he had a shop at all). He just wanted to take money from me.

Four years have passed and he has not returned a single penny. Had he told me the truth, I would have given him only a small amount of money as a loan, and not all my money from which I was making my earning. Now he is expecting to receive some money (about 25% of my loan) but he refused to pay me. The reason is that he wants to educate his daughter at a medical college and needed money for her.

My question is: If my brother gets any money, is he obliged to educate his children first or pay my loan first? He argues that his children are his responsibility. My argument is that I gave him all my money I was using to earn a living for my children.

Using store loyalty points to pay off a debt

Q: I owe money to a person. In lieu of direct payment, I occasionally do some shopping on the creditor's behalf and thus reduce the amount I owe. What happens if I use my store benefit/loyalty points when shopping?

Example: total amount purchased R500. I used my loyalty point balance of R100 and total amount paid was R400. I occasionally also purchase items from this store for my personal use. Do I reduce the amount I owe by R500 or R400? In essence - who is entitled to the benefit/cash back reward from the store?

Using violence to retrieve money from a debtor

Q: To what extent can a person go, in shariat, when it comes to a person getting his money out of a debtor.

1. Can he resort to violence by sending someone behind the debtor to give him a good thrashing?

2. If a person hired a debt collector, can he impose the fees on the debtor as he was the cause of these undue expenses?

3. If not, will the masalah change if the debtor had signed before taking goods on account, that in the event of default in payment, all expenses incurred to retrieve the debt will be borne by the debtor?

4. Can one send someone to forcefully take the debtors car away and sell it to retrieve his money?

5. If one comes to know that someone else is owing the debtor some money, can one take that money straight from that person without the debtor's qabdah or allowance? Will this be permissible for the person owing the debtor the money, i.e. will his debt be discharged?