Praise be to Allaah.
Firstly:
Wasaatah (intervention) means intercession, and intercession
may be good or bad. The good type is that which helps in good things and
serves to attain that which is permissible, without transgressing against
the rights of others or giving precedence to one who does not deserve
precedence.
The bad type is that which helps in evil things, or is a
means of wrongdoing, and giving preference to those who do not deserve it.
This may be done with or without paying a bribe to the intermediary.
Please see question no. 26801.
Bribery means giving money to someone through whom a person
takes something that has no right to, such as bribing a judge to judge in
his favour wrongfully, or bribing an official to give him preference over
others, or to give him something to which he is not entitled.
Bribery is a major sin, because the Prophet (peace and
blessings of Allaah be upon him) said: “May the curse of Allaah be upon the
one who pays a bribe and the one who takes it.”
Narrated by Ibn Maajah (2313); classed as saheeh by
al-Albaani in Saheeh Ibn Maajah.
See also question no. 22452 and
70367
Secondly:
It is permissible to pay a bribe if a person cannot attain
his rights in any other way. But in that case it is haraam for the one who
takes it but not the one who gives it.
Ibn Hazm (may Allaah have mercy on him) said: Bribes are not
permissible. A bribe is what a man gives so that a judgement will be passed
in his favour unjustly, or so that he will be appointed to a position of
authority, or so that a person will be mistreated for him. This is a sin for
the one who gives it and the one who takes it.
But if a person has been deprived of his rights and he gives
a bribe so as to ward off mistreatment from himself, this is permissible for
the one who gives it but it is a sin for the one who takes it. End quote
from al-Muhalla (8/118).
Shaykh al-Islam Ibn Taymiyah (may Allaah have mercy on him)
said: If he gives him a gift so that he will refrain from wronging him or so
that he will give him his rights, this gift is haraam for the one who takes
it, but it is permissible for the giver to give it to him, as the Prophet
(peace and blessings of Allaah be upon him) said: “I give a gift to one of
them and he will depart, carrying it under his armpit like fire.” It was
said: O Messenger of Allaah, why do you give them gifts? He said: “They
insist on asking and Allaah insists that I should not be stingy.” Giving to
these people is permissible for the giver, but it is haraam for the taker to
take it.
With regard to giving a gift in the case of intercession,
such as if a man intercedes for someone with a person who is in authority in
order to relieve him of wrongdoing or to help him get his rights, or to help
him get a position for which he is qualified, or to help him enlist in the
army when he is qualified for that, or to get him some money that is given
as a waqf for the poor, fuqaha’, Qur’aan readers or worshippers, and he is
entitled to it, and other kinds of intercession which help in doing an
obligatory action or avoiding a haraam deed – in these cases too it is not
permissible to accept a gift, but it is permissible for the giver to give
that which will help him to attain his rights or ward off mistreatment. This
is what is narrated from the salaf and the greatest imams. End quote from
al-Fataawa al-Kubra (4/174).
Shaykh Ibn ‘Uthaymeen (may Allaah have mercy on him) said: As
for bribes by means of which a person attains his rights, such as when he
cannot attain his rights except by paying some money, this is haraam for the
one who takes it but it is not haraam for the one who gives it, because the
giver is only giving it in order to get his rights, but the taker who takes
the bribe is sinning because he has taken something that he does not
deserve. End quote from Fataawa Islamiyyah (4/302).
And Allaah knows best.