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Bribery or al-Rishwa (Arabic: الرشوة) is a forbidden action[1] 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;[2] however, there is a disagreement about an exact definition of bribery in jurisprudence.[3] Some consider its lexical definition which includes giving property to a judge or clerk as the example of bribery.[4]

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.[5] Other hadiths have considered it at the level of disbelief and polytheism.[6] Some other hadiths considered bribe among the examples of forbidden property and unlawful earning.[7]

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.[8]

The person who receives bribe does not become its owner and has to return it.[9]

Notes

  1. Najafī, Jawāhir al-kalām, vol. 40, p. 131.
  2. Ḥusaynī Shāhrūdī, Muḥāḍirāt fī fiqh al-jaʿfarī, vol. 1, p. 271.
  3. Ṭabāṭabāyī Qummī, ʿUmdat al-ṭālib, vol. 1, p. 199.
  4. Najafī, Jawāhir al-kalām, vol. 40, p. 131; Ḥusaynī Shāhrūdī, Muḥāḍirāt fī fiqh al-jaʿfarī, vol. 1, p. 271.
  5. Majlisī, Biḥār al-anwār, vol. 104, p. 274.
  6. ʿAyyāshī, Tafsīr al-ʿAyyāshī, vol. 1, p. 322; Ḥurr al-ʿĀmilī, Wasāʾil al-Shīʿa, vol. 12, p. 64.
  7. Kulaynī, al-Kāfī, vol. 5, p. 127.