The leftover fabrics that remain with the tailor or seamstress: is it permissible to use them, or is permission from their owners required?
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The questioner:
She asks and says: My mother works as a seamstress, and it happened that our neighbor gave her fabric to sew, and this occurred several times. The neighbor did not pay for the sewing. Also, another neighbor gave her about three pieces of fabric, and the neighbor forgot about these fabrics, so my mother sewed them for us and we used the clothes. I asked my mother, and she said that it was because the owner of the fabric did not pay the money. Our neighbor has moved to another house that we do not know. We also have clothes made from the fabrics that their owners do not want, knowing that we do not ask them, but they do not request the sewing either. Please guide us regarding these matters. May Allah reward you with good.
The Shaykh:
It is obligatory to give the fabric to its owner. If your mother has a right against her, she should demand it from her, saying to her, "Pay the fee," and claim the fee that is in her debt, and give her her fabric. As for taking the fabric and wearing it for her children, this is not permissible because it is using the rights of others without their permission. So the obligatory thing is what we mentioned: to give her her fabric and to ask her for the fee, or to leave it and forgive her. This is the obligatory thing, except if she asked her and she refused. If she asked her for the fee and she refused, then she would be unjust, and it is permissible for your mother to take from the fabric the amount of this fee, the amount of this fee, because this is the matter of seizing (al-dhufar) known among the scholars. If she asked her for the right that is upon her and she refused to give it to her, it is permissible to take retribution from her, meaning to take from this fabric the amount of this fee, and give her the excess. Yes.
The questioner:
May Allah reward you with good. Since the neighbor moved to another house and they do not know that house, does the ruling change, Shaykh Salim?
The Shaykh:
If it becomes difficult to know the owner of the fabric, then the excess should be given in charity to the needy, with the intention that the fee belongs to the owner of the fabric. Yes.
She asks and says: My mother works as a seamstress, and it happened that our neighbor gave her fabric to sew, and this occurred several times. The neighbor did not pay for the sewing. Also, another neighbor gave her about three pieces of fabric, and the neighbor forgot about these fabrics, so my mother sewed them for us and we used the clothes. I asked my mother, and she said that it was because the owner of the fabric did not pay the money. Our neighbor has moved to another house that we do not know. We also have clothes made from the fabrics that their owners do not want, knowing that we do not ask them, but they do not request the sewing either. Please guide us regarding these matters. May Allah reward you with good.
The Shaykh:
It is obligatory to give the fabric to its owner. If your mother has a right against her, she should demand it from her, saying to her, "Pay the fee," and claim the fee that is in her debt, and give her her fabric. As for taking the fabric and wearing it for her children, this is not permissible because it is using the rights of others without their permission. So the obligatory thing is what we mentioned: to give her her fabric and to ask her for the fee, or to leave it and forgive her. This is the obligatory thing, except if she asked her and she refused. If she asked her for the fee and she refused, then she would be unjust, and it is permissible for your mother to take from the fabric the amount of this fee, the amount of this fee, because this is the matter of seizing (al-dhufar) known among the scholars. If she asked her for the right that is upon her and she refused to give it to her, it is permissible to take retribution from her, meaning to take from this fabric the amount of this fee, and give her the excess. Yes.
The questioner:
May Allah reward you with good. Since the neighbor moved to another house and they do not know that house, does the ruling change, Shaykh Salim?
The Shaykh:
If it becomes difficult to know the owner of the fabric, then the excess should be given in charity to the needy, with the intention that the fee belongs to the owner of the fabric. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، بقايا الأقمشة التي تبقى عند الخياط أو الخياطة، هل يجوز استخدامها أم يجب الإذن من أصحابها؟ الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.