Taking a sum from the contractor in the form of a gift
Machine translationRead the Arabic original
Fatwa number ( 6679 )
Q: I am an Egyptian engineer working in Saudi Arabia . Before that, I was working in Iraq . While I was working in Iraq , I supervised the laying of sewers in one of the Shi'a areas of Iraq . I prepared all the prices and statements. There was a contractor who was carrying out the project from the beginning. This contractor was good at executing the work and was well-liked by the municipal supervision department. He was the only candidate for this job. When the contractor learned that I was the engineer responsible for executing the project, he met me and told me that he would give me ten thousand dinars in exchange for my help with the work, meaning that I would supervise the work. After that, the work was assigned to this contractor at the same prices I had set for the project. Important note: The prices were set before the contractor met me, and the prices were high because Iraq was in a state of war. I was able to lower the prices, but I did not do so because I said that the amount would go to the government, and the government would use it to buy weapons to fight and kill Muslims in Iran . Note: It became clear to me that the contractor gave me this amount so that I would not change the prices, as this was within my power. Scholars: This was the reason for taking the amount from the contractor. For your information, I did not help the contractor
except a little with the work. For your information, the quality of the work was perfectly in accordance with the specifications and technical conditions. Scholars: I took the amount, and nothing of note remained with me from the amount except a house in the town, which I built with the money. Of course, I got married with this money. Scholars: I constantly think about this matter; I do not sleep at night, and I feel that this amount contains a great evil, and that my interpretation was wrong. What should I do regarding my situation? Scholars: What should I do if this amount is forbidden and I am unable to return it or even spend it on the poor? I only own a house in the village where my wife lives, and my mother and my younger brothers will live in it? Scholars: I have a mother and four younger brothers, the oldest of whom is about eleven years old. My mother is elderly, and my father passed away and left us nothing. Is it permissible for me to write the house in their names so that I may be at ease? Scholars: I want your fatwa so that I may be relieved from the torment of my conscience. What can I do if this amount is forbidden? Knowing that I do not own anything from the amount except this house. Scholars: Is my marriage from this amount invalid because I
paid the mahr from this amount?
A: Taking this amount is forbidden; because it is in the ruling of a bribe, and bribery is forbidden. It is not considered a gift from the contractor to you; because if it were not for the supervision, he would not have given it to you. Nor is it payment for work; because you did not do work equal to it. You must spend this amount in the causes of good, even if in installments, and do not return it to the contractor; because he is wrong in paying it - even if he perfected his work - so it is not the right of either of you. Your marriage contract is valid, even if the mahr was from the bribe. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Q: I am an Egyptian engineer working in Saudi Arabia . Before that, I was working in Iraq . While I was working in Iraq , I supervised the laying of sewers in one of the Shi'a areas of Iraq . I prepared all the prices and statements. There was a contractor who was carrying out the project from the beginning. This contractor was good at executing the work and was well-liked by the municipal supervision department. He was the only candidate for this job. When the contractor learned that I was the engineer responsible for executing the project, he met me and told me that he would give me ten thousand dinars in exchange for my help with the work, meaning that I would supervise the work. After that, the work was assigned to this contractor at the same prices I had set for the project. Important note: The prices were set before the contractor met me, and the prices were high because Iraq was in a state of war. I was able to lower the prices, but I did not do so because I said that the amount would go to the government, and the government would use it to buy weapons to fight and kill Muslims in Iran . Note: It became clear to me that the contractor gave me this amount so that I would not change the prices, as this was within my power. Scholars: This was the reason for taking the amount from the contractor. For your information, I did not help the contractor
except a little with the work. For your information, the quality of the work was perfectly in accordance with the specifications and technical conditions. Scholars: I took the amount, and nothing of note remained with me from the amount except a house in the town, which I built with the money. Of course, I got married with this money. Scholars: I constantly think about this matter; I do not sleep at night, and I feel that this amount contains a great evil, and that my interpretation was wrong. What should I do regarding my situation? Scholars: What should I do if this amount is forbidden and I am unable to return it or even spend it on the poor? I only own a house in the village where my wife lives, and my mother and my younger brothers will live in it? Scholars: I have a mother and four younger brothers, the oldest of whom is about eleven years old. My mother is elderly, and my father passed away and left us nothing. Is it permissible for me to write the house in their names so that I may be at ease? Scholars: I want your fatwa so that I may be relieved from the torment of my conscience. What can I do if this amount is forbidden? Knowing that I do not own anything from the amount except this house. Scholars: Is my marriage from this amount invalid because I
paid the mahr from this amount?
A: Taking this amount is forbidden; because it is in the ruling of a bribe, and bribery is forbidden. It is not considered a gift from the contractor to you; because if it were not for the supervision, he would not have given it to you. Nor is it payment for work; because you did not do work equal to it. You must spend this amount in the causes of good, even if in installments, and do not return it to the contractor; because he is wrong in paying it - even if he perfected his work - so it is not the right of either of you. Your marriage contract is valid, even if the mahr was from the bribe. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.