The ruling on one who disposes of his manager's money due to delayed salaries
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The questioner:
May Allah reward you and benefit through you. The sender, Abdullah, was content to write only his name. In his first question, among a number of questions, he says: I work in a sole proprietorship, and the owner of the firm used to give us our salaries after delaying them for a period that sometimes reached ten months. Yes. And I had with me a remaining balance from accounts and the like, and I would spend from it and dispose of it without his knowledge. Now I want to be absolved from this situation, knowing that this person, the owner of the money, is ill and unable to recognize anyone. His son has taken over the management of the business along with the other partners. I presented the matter to him and wrote a document on myself for the amount, approximately, because I forgot the exact total, as it was not paid in one lump sum. But his son said, "We forgive you for this," and tore up the document. So, is there anything upon me, or an expiation? And what do you advise me to do?
The Shaykh:
You made a mistake in this action; because you are a trustee, and it is not permissible for a trustee to betray the trust. Even if your salary was delayed, you should have demanded it. But that you take from the owner of the firm's money without his knowledge, this is a matter that is not permissible; due to the saying of the Messenger (peace and blessings be upon him)Sunan ad-Daraqutni 13:78
by a Shari'ah ruling, by a ruling of the Shari'ah court, by bringing your case to them. If they permit you to take from what is with him, because he is unjust and because he is delaying, then this is permissible by the ruling of the Shari'ah court. But that you issue a ruling for yourself and judge for yourself, this is not permissible. And you must return this amount. You must return this amount to the money of the owner of the firm. It is not within the authority of the agent to forgive you, because this is a right belonging to the heirs of this person, a right belonging to the person himself as long as he is alive, and he did not permit it. This person did not permit it. Or it is a right belonging to his heirs after his death. It is not within the authority of the agent to forgive some of the rights of this person who is the master of his money. This is not within his authority.
The presenter:
Even if it was his son.
The Shaykh:
Even if it was his son, or yes, even if it was his son.
The presenter:
Because he says "son."
The Shaykh:
Yes, even if it was your son, and merely an agent, and the money is not his to permit on his behalf, the money belongs to another. So you must return this amount to the place from which you took it. Yes.
May Allah reward you and benefit through you. The sender, Abdullah, was content to write only his name. In his first question, among a number of questions, he says: I work in a sole proprietorship, and the owner of the firm used to give us our salaries after delaying them for a period that sometimes reached ten months. Yes. And I had with me a remaining balance from accounts and the like, and I would spend from it and dispose of it without his knowledge. Now I want to be absolved from this situation, knowing that this person, the owner of the money, is ill and unable to recognize anyone. His son has taken over the management of the business along with the other partners. I presented the matter to him and wrote a document on myself for the amount, approximately, because I forgot the exact total, as it was not paid in one lump sum. But his son said, "We forgive you for this," and tore up the document. So, is there anything upon me, or an expiation? And what do you advise me to do?
The Shaykh:
You made a mistake in this action; because you are a trustee, and it is not permissible for a trustee to betray the trust. Even if your salary was delayed, you should have demanded it. But that you take from the owner of the firm's money without his knowledge, this is a matter that is not permissible; due to the saying of the Messenger (peace and blessings be upon him)
The wealth of a Muslim man is not lawful except by the willing consent of his soul.
لا يحل مال امرئ مسلم إلا بطيبة من نفسه.So it is not permissible for you to take from his wealth except
فلا يجوز لك أن تأخذ من ماله إلاThe presenter:
Even if it was his son.
The Shaykh:
Even if it was his son, or yes, even if it was his son.
The presenter:
Because he says "son."
The Shaykh:
Yes, even if it was your son, and merely an agent, and the money is not his to permit on his behalf, the money belongs to another. So you must return this amount to the place from which you took it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 5701- حكم من تصرف في مال مديره بسبب تأخير الرواتب - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
