Je, Riba Hupatikana Katika Vitu Aina Sita Pekee?

134

Jibu la Swali
Kwa: Alaa Al-Maqtari
(Imetafsiriwa)

Swali

Assalamu Alaikum,

Swali limepokewa kutoka kwa mmoja wa ndugu zetu kwa jina Mohsen al-Jadabi – Sana’a.

Mtume (saw) amesema «أي قرض جر منفعة فهو ربا» “Kila mkopo unaohusisha manufaa ni Riba”. Hadith zimefafanua kwamba Riba hupatikana katika dhahabu na fedha na baadhi ya vitu (tende, zabibu kavu, ngano na mawele). Sasa, je Riba haipatikani katika pesa za kikanuni za karatasi kwa kuwa hazikuegemezwa na dhahabu au fedha? Je, inajuzu kwa mtu kumkopesha mwengine tani moja ya chuma na kudai amregeshee chuma, lakini zaidi ya tani moja, kwa mfano, tani moja na nusu?

Allah akulipe kheri.

Jibu

Wa Alaikum Assalam wa Rahmatullahi wa Barakatuh,

Ndio, Riba haipatikani isipokuwa katika vitu sita pekee: tende, ngano, mawele, chumvi, dhahabu, na fedha, lakini hii ni katika biashara ya Baya’ na biashara ya Al-Salam. Ama kuhusu mkopo (Qardh), Riba hupatikana katika aina zake zote, yaani, katika kila kitu; ni haramu kwa mtu kukopesha kitu kwa kitu chengine, na kutaraji zaidi au upungufu kwacho, au kupokea kitu chengine tofauti kama malipo. Malipo ya mkopo au kitu chochote kilicho kopeshwa ni lazima yawe ya kiwango kile kile cha bidhaa zilizo kopeshwa.

Ama kuwa Riba haipatikani isipokuwa katika vitu aina sita vilivyo tajwa, dalili ya hili imevuliwa kutoka kwa jumhuri ya Maswahaba na kwa sababu Mtume (saw) amesema:

«الذهب بالذهب والفضة بالفضة والبر بالبر والشعير بالشعير، والتمر بالتمر والملح بالملح، مثلاً بمثل، سواء بسواء، يداً بيد، فإذا اختلفت هذه الأصناف فبيعوا كيف شئتم إذا كان يداً بيد»

“Dhahabu kwa dhahabu, fedha kwa fedha, ngano kwa ngano, mawele kwa mawele, tende kwa tende, chumvi kwa chumvi, mithili kwa mithili, kipimo kwa kipimo, mkono kwa mkono (yaani hapo kwa hapo) na ikiwa vitakhitilafiana vitu hivi basi uzeni vile mupendavyo maadamu itakuwa ni mkono kwa mkono.” [Imepokewa na Muslim kutoka kwa Ubada ibn as-Samit] Jumhuri ya Maswahaba na Hadith zimetaja vitu maalum kuwa vinaingia Riba; hivyo basi, haiwezi kupatikana isipokuwa katika vitu hivi.

Hakuna dalili iliyo thibitishwa kuhusiana na vitu vyengine vyovyote isipokuwa sita hivi vilivyo tajwa, hivyo basi, Riba hupatikana kwavyo pekee. Vitu vilivyo na asili sawa, na vitu vinavyo beba sifa kama za vitu hivi sita vilivyo tajwa vinajumuishwa pia na kubeba hukmu hii hii, na wala si vyenginevyo. Kwa hivyo, Riba katika biashara na katika Salam hupatikana katika vitu aina sita hivi pekee: tende, ngano, mawele, chumvi, dhahabu, na fedha, kwa kuwa ni majina yaliyo ganda yasiyo weza kufanyiwa Qiyas juu yake.

Lakini, kuna Hadith kuhusu Zaka zinazo taja dhahabu na fedha kama sarafu, yaani, sio tu kama majina yaliyo ganda bali kama sarafu ambazo hukadiriwa kama bei ya bidhaa na mishahara ya kazi. Kutokana na nasi hizi, illah (sababu ya hukmu) huchukiliwa; ambayo ni sifa ya sarafu. Kwa hivyo, Qiyas hujengwa juu yake kwa sarafu hizi za kikanuni (Ilzamiyya) za karatasi, kwa kuwa illah imepatikana kwake. Hivyo basi, hukmu za Zaka hutekelezwa juu yake kwa kufanya hesabu ya kiwango chake mkabala na dhahabu au fedha sokoni. Ali bin Abi Talib amesimulia kwamba Mtume (saw) amesema:

«إذا كانت لك مئتا درهم، وحال عليها الحول، ففيها خمسة دراهم، وليس عليك شيء – يعني في الذهب – حتى يكون ذلك عشرون ديناراً، فإذا كانت لك عشرون ديناراً، وحال عليها الحول، ففيها نصف دينار»

“Unapo kuwa na dirham mia mbili na zikazungukiwa na mwaka, inakulazimu juu yake dirham tano (kama Zaka). Na huwajibiki juu yako chochote – yaani katika dhahabu – mpaka uwe na dinar ishirini; Na utakapo kuwa na dinar ishirini na zikazungukiwa na mwaka, inakulazimu juu yake nusu dinar (kama Zaka).” [Imesimuliwa na Abu Dawood]

Na kama ilivyo ripotiwa na Ali (ra) akisema:

»في كل عشرين ديناراً نصف دينار، وفي كل أربعين ديناراً دينار«

“Kwa kila dinar ishirini, nusu dinar (yaani Zaka), na kwa kila dinar arubaini, dinar moja (yaani Zaka).” Pia, imesimuliwa kwamba Ali (ra) amesema: Mtume (saw) amesema:

«فهاتوا صدقة الرقّة، في كل أربعين درهماً، درهماً وليس في تسعين ومائة شيء، فإذا بلغت مائتين ففيها خمسة دراهم…»

“Basi leteni Sadaqah ya Riqqa, kwa kila dirham arubaini, dirham moja, na wala hakuna wajibu (wa kutoa chochote) kwa dirham mia moja na tisiini, na zinapo fika dirham mia mbili, huwajibika dirham tano juu yake (kama Zaka)…”, imeripotiwa na Al-Bukhari na Ahmad.

Na kama ilivyo simuliwa na Abdur Rahman al-Ansari aliyesema kwamba katika kitabu cha Mtume wa Allah (saw) na kitabu cha Umar kuhusu Sadaqah, yamo yafuatayo:

 «والورِق لا يؤخذ منه شيء حتى يبلغ مئتي درهم…»

“Na fedha (Al-Wirq) hazichukuliwi Zaka juu yake mpaka zifike dirham mia mbili.” [Imeripotiwa na Abu Ubaid]

Hadithi zote hizi zaashiria juu ya sifa za sarafu na bei kwa sababu neno Riqqa pamoja na kiashiria (Qareena) katika «في كل أربعين درهماً» “Kwa kila dirham arubaini, dirham moja”, na maneno Wariq, Dirham na Dinar; yote yanatumika kumaanisha sarafu iliyo chongwa ya dhahabu na fedha, yaani, pesa na bei.

Utumiaji wa maneno haya unaashiria kuwa, pesa na bei ndizo maana zinazo kusudiwa katika Hadith hizi. Hivyo basi, hukmu za Zaka, ridhaa ya umwagaji damu (Diya), Kafara, ukataji mwizi mkono na hukmu nyenginezo zinaunganishwa na aina mbili hizi za sarafu.

Na kwa kuwa sarafu ya kikanuni ndiyo iliyo tabanniwa leo kuwa ndiyo pesa, malipo ya manufaa na huduma, na vile vile bidhaa pia huweza kununuliwa kwa dhahabu na fedha, hivyo basi, hizi pia zimetimiza sifa za sarafu na bei kama zile zilizomo ndani ya dhahabu na fedha. Kwa hivyo, Zaka imewajibika juu yake kama ilivyo wajibika katika dhahabu na fedha na hivyo basi hutathminiwa kwa dhahabu na fedha. Yeyote anaye miliki pesa za kikanuni mkabala na thamani ya dinar 20 za dhahabu, yaani, gramu 85 za dhahabu ambacho ndicho kiwango cha Nisab ya dhahabu, au Dirham 200 za fedha, yaani, gramu 595 za fedha zilizo zungukiwa na mwaka, basi Zaka inawajibika juu yake na ni lazima kiasi cha robo ya ushuri kitolewe.

Zaka ya dhahabu hulipwa kwa dhahabu, pesa kwa niaba ya pesa za kutegemewa. Zaka ya fedha hulipwa kwa fedha, pesa kwa niaba ya pesa za kutegemewa. Vile vile, Zaka ya dhahabu yaweza kulipwa kwa fedha na pesa za kikanuni huku Zaka ya fedha yaweza kulipwa kwa dhahabu na pesa za kikanuni, kwa kuwa zote ni pesa na bei. Kwa hivyo, baadhi yazo zaweza kuchukua mahali pa nyengine na baadhi yazo zaweza kulipwa badili ya nyengine kwa kuwa lengo lishafafanuliwa kwa hili.

Na kwa kuwa Zaka ni wajib juu yazo, maelezo ya Riba, Diya, kafara, ukataji mwizi mkono na hukmu nyenginezo zinatekelezwa juu yake. Hivyo basi hukmu ya Riba katika dhahabu na fedha kama sarafu, na sio kama vito, hutekelezwa juu ya pesa za karatasi za kikanuni kwa sababu illah ya sifa ya sarafu imetimia kwazo.

Ama kuhusu kukopesha na kukopa (Qardh), hii yajuzu katika aina hii sita ya vitu vilivyo tajwa na katika vitu vyenginevyo ambavyo vyaweza kumilikiwa na ambavyo ugurishaji milki wake ni halali. Riba katika hali hii yaweza kutokea pekee ikiwa kuna manufaa yanayo lengwa; kutokana na yale yaliyosimuliwa na al-Harith bin Abi Usamah kutoka kwa Hadith ya Ali (ra) yenye maneno:

«أن النبي صلى الله عليه وسلم نهى عن قرض جر منفعة»

“Hakika Mtume (saw) amekataza kutokana na mkopo unaoambatanishwa na manufaa” na katika ripoti

«كل قرض جر منفعة فهو رباً»

“Kila mkopo unaoambatanishwa manufaa ndani yake ni Riba”. Takhsisi ya hilo ni inapo fanyika kwa lengo la kulipa deni kwa njia nzuri pasi na kitu chochote cha ziada; kutokana na yale yaliyo ripotiwa na Abu Dawud kutoka kwa Abi Rafi’ aliyesema:

«استسلف رسول الله بكراً فجاءته إبل الصدقة فأمرني أن أقضي الرجل بكره فقلت لم أجد في الإبل إلا جملاً خياراً رباعياً فقال: أعطه إياه فإن خيار الناس أحسنهم قضاءً»

“Mtume wa Allah aliazima ngamia mchanga, kisha ngamia wa Sadaqa wakawasili kwake kwa hivyo akaniamuru kumlipa mwenye ngamia ngamia wake mchanga, nikasema sioni katika ngamia isipokuwa ngamia mzuri wa miaka minne, akasema (saw):  ‘Mpe huyo kwani hakika mbora wa watu ni mbora wao katika kulipa deni”.

Kutokana na haya, mkopo wowote katika aina hizi sita ya vitu au vitu vyenginevyo ni lazima urudishwe kwa mwenyewe pasi na kuongeza “manufaa”; vyenginevyo, itakuwa ni Riba. Hivyo basi, haijuzu kukopa tani moja ya chuma na kurudisha tani moja na nusu, kwani hiyo itakuwa ni Riba.

Nataraji jibu limekuwa wazi kwako, Bi idhnillah.

Ndugu yenu,
Ata Bin Khalil Abu Al-Rashtah

14th Rabii’ II 1439 H
01/01/2018 M

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