Bribery or al-Rishwa (Arabic: الرشوة) is a forbidden action and in jurisprudential terminology means giving property to a judge to change the true verdict to a false one or giving a false verdict instead of a true one; however, there is a disagreement about an exact definition of bribery in jurisprudence. Some consider its lexical definition which includes giving property to a judge or clerk as the example of bribery.
The word "rishwa" is not mentioned in the Qur'an, but it is mentioned in many hadiths, such as in a hadith from the Prophet (s), where he (s) considered giving and taking bribe and also being a broker to deserve curse. Other hadiths have considered it at the level of disbelief and polytheism. Some other hadiths considered bribe among the examples of forbidden property and unlawful earning.
In the view of some scholars, bribery is not only giving property, but also it includes any action which influences the verdict of a judge or the action of a clerk, such as flattery, tailoring clothes for them, etc.
The person who receives bribe does not become its owner and has to return it.
- Najafī, Jawāhir al-kalām, vol. 40, p. 131.
- Ḥusaynī Shāhrūdī, Muḥāḍirāt fī fiqh al-jaʿfarī, vol. 1, p. 271.
- Ṭabāṭabāyī Qummī, ʿUmdat al-ṭālib, vol. 1, p. 199.
- Najafī, Jawāhir al-kalām, vol. 40, p. 131; Ḥusaynī Shāhrūdī, Muḥāḍirāt fī fiqh al-jaʿfarī, vol. 1, p. 271.
- Majlisī, Biḥār al-anwār, vol. 104, p. 274.
- ʿAyyāshī, Tafsīr al-ʿAyyāshī, vol. 1, p. 322; Ḥurr al-ʿĀmilī, Wasāʾil al-Shīʿa, vol. 12, p. 64.
- Kulaynī, al-Kāfī, vol. 5, p. 127.