Then, if the lender—the one from whom the interest was taken—has already derived benefit, the riba is confiscated from him and either distributed as charity or deposited in the Bayt al-Mal (public treasury). If he has not yet benefited, he must hand over the required amount; for once someone has profited, it is impermissible to give him both the unlawful increment and the advantage he has already enjoyed. We say to him, “Your share was the benefit you have already taken,” whereas if he has not benefited he must surrender whatever interest he collected.
Al-Tirmidhi and others relate another wording in which the Prophet ﷺ cursed the two witnesses to a riba contract and its scribe. Although neither the witnesses nor the scribe gain any material benefit, they help formalise the transaction: the two witnesses establish the claim and the scribe records it. By assisting in sin and aggression, these three receive their share of punishment. Thus the five persons are all cursed on the tongue of Muhammad ﷺ: the one who consumes riba, the one who pays it, the two witnesses, and the scribe—five in all.
This ḥadīth shows that anyone who aids in sin shares the guilt of the perpetrator, and the Qur’an confirms the same. Allah the Exalted says, “When you see those who engage in mocking Our revelations, turn away from them until they move on to another topic. Should Satan cause you to forget, then, once you remember, do not sit with the wrongdoing people” [Q 6:68]. He also says, “He has already revealed to you in the Book that when you hear Allah’s verses denied and ridiculed, do not sit with them until they change the subject; otherwise you would certainly be like them. Indeed, Allah will gather the hypocrites and the disbelievers together in Hell” [Q 4:140].
Hence, whoever associates with the perpetrator of sin—even by merely sitting with him—shares in his burden. In this is proof of the stern warning against riba and the obligation to keep well away