Lessons extracted from the ḥadith

1 – The briber (ar-rāshī) is the person who offers a payment so that an unjust judgment will be issued in his favor or to ward off a rightful claim against him. The bribetaker (al-murtashī) is the one who receives that payment in order to annul a legitimate right or to establish falsehood. The bribe (ar-rishwah) is what is given to the judge after the judge himself has requested it.

2 – Offering it, accepting it, mediating in it, or assisting with it are all forbidden, because such conduct constitutes devouring people’s wealth unlawfully and tampering with the ruling of Allah, thereby judging by other than what He has revealed. By taking it a person wrongs himself, wrongs the litigant for whom he rules, and wrongs the litigant against whom he rules.

3 – Bribery is one of the major sins, for the Messenger of Allah (peace and blessings be upon him) cursed both the giver and the taker; a curse is pronounced only for a major sin, and the scholars are unanimous on its prohibition.

4 – Sharḥ al-Iqnāʿ states: “It is impermissible for a judge to accept a gift that is offered to him of the giver’s own initiative and without any request on the judge’s part, except from someone who used to present gifts to him before he assumed office and provided the giver has no case before him. The reason for the prohibition is either the attempt to win the judge’s favor or the existence of litigation; when both causes are absent, the suspicion is removed.”