Question
My husband works in a company(Company A) as a Store Supervisor which sells magazines and many other things. But he does the job of the manager as the manager supervises another store and doesnot overlook the running of this one.
Sometimes the magazines haves gifts in them for the buyer (customers of company A) from advertisers. Some of the gifts are expensive or branded which normal people wouldnot be able to buy as usual. They might be hand creams, face creams, make up, nail polishes, slippers, purses etc.
If the magazine is not sold, then company A returns them to the magazine company (Company B) which destroys them and the gifts and provides its new issue to be sold.
My husband used to take these gifts out because they would be destroyed any ways or thrown away and give them to me. I would then use some and give others to my family and friends as gifts. I would not be able to buy these products for my self or my family/ friends if i ever had to.
I have suddenly started feeling extremely worried that this might be wrong. Please tell me if it is.
If I am not allowed to use these products, then what should I do with the remaining ones that I have with me. Currently, i have told my husband to stop bringing these gifts until I am clear on this. Should I throw them away? Or should i give them to charity? Again, they are branded expensive gifts. it doesnot make sense to throw them away, so will it be better if I give them to charity. Or just give them away to my family and friends.
When I used to give them away, I never used to tell anyone that I had gotten these things were for free. I used to give them away as my gifts. Also another point is that Humdullilah I never used any haram products. All of these things that I used were done while in hijab. I never used to flaunt myself and I never even used to tell anyone that I used branded products. It was just that the products are better than the ones that I can afford at this time.
Therefore, please tell, if these products are haram for me or not. Will this be considered as stealing? If yes what should my husband and I do now. My husband always used to get them just for my happiness. Also, What should I do with the products if they are haram for me.
JazakAllah. I pray that you answer my question and may Allah always give you a reward for your efforts.
Answer
Muhtaram / Muhtaramah
In the Name of Allāh, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāh wa-barakātuh.
We commend you on your concern to ascertain what is correct and practise upon it.
Based on the facts you have mentioned the gifts which your husband used to bring for you did not belong to your husband. Thus, your husband’s taking these gifts was incorrect. [Refer to Majmaud Dhamaanaat v 1, p 103; Raddul Muhtaar v 6, p 18, 70, 71]
We learn from the Hadith that it is not permissible to take the wealth of any person without his/her permission. [Sharh Ma’aanil Aathaar of Imaam Tahaawi]
If the owners of Company B (or their agents) had given your husband permission to dispense with these gifts as he wishes then it would have been permissible for your husband to give you those gifts, otherwise not.
It will be necessary for your husband to return whatever “gifts” he still has in his possession to Company B[Addurrul Mukhtaar v 6, p 179, 183]. Your husband should also contact the company and inform them of this practise. Your husband and the company could then negotiate and settle the matter.
صحيح البخاري
33 – حَدَّثَنَا قَبِيصَةُ بْنُ عُقْبَةَ قَالَ حَدَّثَنَا سُفْيَانُ عَنْ الْأَعْمَشِ عَنْ عَبْدِ اللَّهِ بْنِ مُرَّةَ عَنْ مَسْرُوقٍ عَنْ عَبْدِ اللَّهِ بْنِ عَمْرٍو
أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ أَرْبَعٌ مَنْ كُنَّ فِيهِ كَانَ مُنَافِقًا خَالِصًا وَمَنْ كَانَتْ فِيهِ خَصْلَةٌ مِنْهُنَّ كَانَتْ فِيهِ خَصْلَةٌ مِنْ النِّفَاقِ حَتَّى يَدَعَهَا إِذَا اؤْتُمِنَ خَانَ وَإِذَا حَدَّثَ كَذَبَ وَإِذَا عَاهَدَ غَدَرَ وَإِذَا خَاصَمَ فَجَرَ
تَابَعَهُ شُعْبَةُ عَنْ الْأَعْمَشِ
شرح معاني الآثار – (ج 5 / ص 340)
عَنْ أَبِي حُمَيْدٍ السَّاعِدِيِّ أَنَّ النَّبِيَّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ قَالَ : { لَا يَحِلُّ لِامْرِئٍ أَنْ يَأْخُذَ عَصَا أَخِيهِ بِغَيْرِ طِيبِ نَفْسٍ مِنْهُ }
And Allah knows best
Darul Iftaa, Madrasah Inaa’miyyah
