Demanding again after a release (ibra’)

Question

Question: I traded in sugarcane molasses with Zayd. The total sum in it was three and a half thousand, which was my share. But he turned dishonest and withheld my money. When he was about to go for Hajj, I said: “You are a man of means; give me my money.” But he made excuses and evaded. Afterwards I forgave it, thinking: “If he comes back from Hajj, we shall see.

Answer

Since you forgave the sum, it is forgiven, and the right to demand it no longer remains. Although withholding someone’s money without a reason recognised by the Shari‘a, and not returning it despite having the means even when it is demanded, is haram and oppression, nonetheless, having forgiven it, you should no longer demand it. [ar]«الساقط لا يعود» (الأشباه)

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.