Rishwa (bribery): its definition, its ruling for giver and taker, the paying to avert harm, and its effects on judges and rulings

الرشوة

Rishwa in the lexicon is a fee or reward paid to secure a purpose; in the jurists' usage it is what is given to void a right or to establish a falsehood, and it is distinct from favours, forbidden gain, gift, alms and presents. ^{1 2 3} It is forbidden to the one who takes and to the one who gives, is a major sin, and taking, offering and accepting it are all forbidden, as is acting as broker; the Prophet ﷺ cursed the giver, the taker and the broker. ^{3 4} The majority hold that a person may pay a bribe to avert wrong or harm or to gain a right, and that the guilt falls on the taker. ^{4 5} Taking gifts or bribes is forbidden to the ruler, the governors, the judges, the muftis and the witnesses, and the forbidding of it to the judge is agreed. ^{5 6} Obtaining the office of judge by bribery is forbidden, and the majority hold the rulings of a judge who took a bribe void, while the Hanafi, Shafi'i and Hanbali schools hold that a judge is removed by such wrongdoing. ^{7 8} No fixed punishment applies, and discretionary punishment is the rule. ⁹