Is it permissible for a person to offer a bribe to avert oppression or reclaim their due rights?
General Chapter
Al-Mughni
Book of Judiciary
Primary text
If a person offers a bribe so that the judge rules falsely in their favor or repels a right due to them, they are cursed. However, if one offers a bribe to ward off injustice or to obtain what is rightfully due, there is no harm (*la ba'sa*). This view is held by 'Ata', Jabir ibn Zayd, and Al-Hasan, based on the reasoning that one is reclaiming their wealth, similar to ransoming a captive. Jabir ibn Zayd noted that in the time of Ziyad, offering such bribes was deemed most beneficial.
Supporting text
Qatadah quoted Ka'b saying that bribery renders the wise foolish and blinds the eyes of the judge. Some early figures like Jabir ibn Zayd indicated that they found such 'pacification' (*musana'ah*) necessary for self-preservation.