A question related to the preceding question and answer (on the muzara‘a penalty)

Question

In the situation asked about, the boy has no property, and moreover the boy has died. What is the position now: should the penalty be collected from the father, or should the owner and the sharecroppers pay it in proportion to their shares, or, since the owner gave the bribe, does it fall on him? Whatever the ruling is, kindly write it soon with references. The istifta’ (the earlier request) is enclosed.

Answer

Whoever paid this penalty paid it wrongfully, and it is an injustice (zulm) against him. He now cannot recover this sum from the boy’s father or from any other partner and so on. The taking of a bribe by government employees, i.e. the police, is an injustice; and since he gave it to save the others from a court case, then with respect to them it is a voluntary gift (tabarru‘)

Source: Fatawa Mahmudiyya

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