What is the ruling on an employee using government-issued cards to purchase goods at prices lower than the market rate and giving them to his neighbor because he does not need them?
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The questioner : There is a similar question regarding civil institutions, where they give employees cards so that they go and buy goods at prices below the market rate. Sometimes this customer or partner does not need to buy his supply from the civil institution in that month, and his neighbor or friend may need the goods, so he goes and buys them from the institution to give to him. Is that permissible?
The Shaykh : Is this work prohibited by regulation?
The questioner : It is prohibited by regulation.
The Shaykh : How?
The questioner : It is written on the card that it is not to be used...
The Shaykh : No, the cardholder is told he may buy whenever he wishes.
The questioner : He buys it as if it were for himself, but he does not give it away. However, if they find out, it would be a harm to him, and they would take the card from him.
The Shaykh : Yes.
The questioner : ...
The Shaykh : How?
The questioner : ...
The Shaykh : I am asking: is he permitted to do this or not?
The questioner : He is permitted to buy, but he is not permitted to buy for people. He is permitted to buy.
The Shaykh : Yes.
The questioner : But he is not permitted to buy these items for people.
The student : Shaykh, the situation in the country here is that he is permitted to buy for himself, but as for giving the card to another person who then goes...
The Shaykh : That is the concept of the card. And this issue of giving the card often does not succeed because the name of so-and-so is written on it; who is the holder? It is not him, so they return it. But no, the precision in the matter, as you presented it, is that he bought, for example, a month ago what he needed, then he went and bought a second time when he had no need, and he sold it or gave it to his friend at cost or for a small profit. This is exactly like what was mentioned before. As long as it is not permitted, it should not be done by the Muslim. However, if there is leniency or tolerance from those in charge of the matter, then it is permissible.
The questioner : Suppose he gave this card to a person, and the time passed, and he took what he wanted. Is this permissible?
The Shaykh : No, it is not permissible, because it is contrary to trust. It is contrary to trust.
The questioner : If the people in charge of this do not have the same trust, if the people in charge of this do not have...
The questioner : Our Shaykh, if you please.
The Shaykh: Go ahead.
The questioner : The situation here is, for example, supplies like sugar or rice. In Egypt, for example, I have a card and I take, for example, a kilo of sugar or a kilo of rice. I took this; it is my right. I gave it to my neighbor. It is the same whether I gave it to my neighbor or not; this is considered my property, isn't it?
The Shaykh : Yes.
The questioner : But the problem here is that I give the card to my neighbor, and he goes, and they do not give it to him.
The Shaykh: Yes.
The questioner : So the situation here becomes different. I took it in my name, so I am free with it; I give it to my neighbor or I take it.
The Shaykh : Correct, but in the words of our brother Adel, there is something that makes the case as if he took a card that is not his. He says: this card is given to him on the basis that he takes what he and his family need. But if the people in charge of the project find out that the man is trading with this card, they will forbid it and take the card from him. From this perspective, we said what we said. As for my right that I take, and I give it to another, no one will ever dispute that. But when it becomes trading by the trick of the card, then the case goes beyond...
The questioner : ...he gives it to him at the same price. He gives it to him at the same price; he does not trade, but it is a service to his brother.
The Shaykh : The same case; if he trades, it becomes more problematic.
The questioner : Specific items are what he takes; it is not any item. They write it on the card for him. So if he takes it...
The Shaykh : What is the ruling on this specific item? There is a difference between the two: between me taking it in the ordinary way that is usually legally permitted, and then it occurs to me to give it to my neighbor because he is more deserving of it than I am, and he does not have this card for one reason or another. But I repeat, I hesitate to use this card to give to Zayd, Bakr, and Amr, and this is not the nature of this card. Do you not see a difference between the two?
The questioner : Yes, there is a difference. But if this official does not know, meaning I take it and distribute it or trade with it secretly without facing problems or the like, and the matter of him forbidding this for this person or that for that person is a law that may not appear Islamic, then I am not bound by it. For example, in car insurance, they have an unjust law and say you must comply with it because it is compliance with the law. I originally oppose the law itself. So if it is permitted for me, in the context of cooperating in righteousness and piety with my brothers, to take with this card and distribute it without harm befalling me or any person, then the situation here needs a fatwa on whether it is permissible or not.
The Shaykh : Yes, you came to us from the door by which we issue fatwas regarding...
The questioner: Yes.
The Shaykh : Yes, and it is so—may Allah have mercy on you—it is certainly so. But regarding the aspect you pointed out, which is that this matter is not discovered and it does not affect its owner, and perhaps his religion, one should be aware of it.
The questioner: Yes.
The Shaykh : But I do not think he will be aware of that.
The questioner : ...those in charge of it, that these people buy more than their need...
The student : Naturally, yes.
The questioner : And then... thirteen... dinars... but this type of estimation is not intended for itself.
The Shaykh : I said earlier if they approve this thing.
The questioner : They approve it in another way.
The Shaykh : No problem, the important thing is that they approve what they do not deny. But it came in the question, and every question has an answer, that if they discover it, they take it away.
The questioner : ...for example, I and you go to the institution... an employee comes, he may respect us and say, "Please, that day my uncle was with me, please come in with me." Sometimes this employee himself comes. I end up coming in front of the employees in charge, saying, "What do you want? I will buy it for you in front of all of them." I mean, I speak.
The Shaykh : And peace be upon you.
The questioner : And this is a matter that has never...
The Shaykh : ... .
The student : ... .
The Shaykh : Is this work prohibited by regulation?
The questioner : It is prohibited by regulation.
The Shaykh : How?
The questioner : It is written on the card that it is not to be used...
The Shaykh : No, the cardholder is told he may buy whenever he wishes.
The questioner : He buys it as if it were for himself, but he does not give it away. However, if they find out, it would be a harm to him, and they would take the card from him.
The Shaykh : Yes.
The questioner : ...
The Shaykh : How?
The questioner : ...
The Shaykh : I am asking: is he permitted to do this or not?
The questioner : He is permitted to buy, but he is not permitted to buy for people. He is permitted to buy.
The Shaykh : Yes.
The questioner : But he is not permitted to buy these items for people.
The student : Shaykh, the situation in the country here is that he is permitted to buy for himself, but as for giving the card to another person who then goes...
The Shaykh : That is the concept of the card. And this issue of giving the card often does not succeed because the name of so-and-so is written on it; who is the holder? It is not him, so they return it. But no, the precision in the matter, as you presented it, is that he bought, for example, a month ago what he needed, then he went and bought a second time when he had no need, and he sold it or gave it to his friend at cost or for a small profit. This is exactly like what was mentioned before. As long as it is not permitted, it should not be done by the Muslim. However, if there is leniency or tolerance from those in charge of the matter, then it is permissible.
The questioner : Suppose he gave this card to a person, and the time passed, and he took what he wanted. Is this permissible?
The Shaykh : No, it is not permissible, because it is contrary to trust. It is contrary to trust.
The questioner : If the people in charge of this do not have the same trust, if the people in charge of this do not have...
The questioner : Our Shaykh, if you please.
The Shaykh: Go ahead.
The questioner : The situation here is, for example, supplies like sugar or rice. In Egypt, for example, I have a card and I take, for example, a kilo of sugar or a kilo of rice. I took this; it is my right. I gave it to my neighbor. It is the same whether I gave it to my neighbor or not; this is considered my property, isn't it?
The Shaykh : Yes.
The questioner : But the problem here is that I give the card to my neighbor, and he goes, and they do not give it to him.
The Shaykh: Yes.
The questioner : So the situation here becomes different. I took it in my name, so I am free with it; I give it to my neighbor or I take it.
The Shaykh : Correct, but in the words of our brother Adel, there is something that makes the case as if he took a card that is not his. He says: this card is given to him on the basis that he takes what he and his family need. But if the people in charge of the project find out that the man is trading with this card, they will forbid it and take the card from him. From this perspective, we said what we said. As for my right that I take, and I give it to another, no one will ever dispute that. But when it becomes trading by the trick of the card, then the case goes beyond...
The questioner : ...he gives it to him at the same price. He gives it to him at the same price; he does not trade, but it is a service to his brother.
The Shaykh : The same case; if he trades, it becomes more problematic.
The questioner : Specific items are what he takes; it is not any item. They write it on the card for him. So if he takes it...
The Shaykh : What is the ruling on this specific item? There is a difference between the two: between me taking it in the ordinary way that is usually legally permitted, and then it occurs to me to give it to my neighbor because he is more deserving of it than I am, and he does not have this card for one reason or another. But I repeat, I hesitate to use this card to give to Zayd, Bakr, and Amr, and this is not the nature of this card. Do you not see a difference between the two?
The questioner : Yes, there is a difference. But if this official does not know, meaning I take it and distribute it or trade with it secretly without facing problems or the like, and the matter of him forbidding this for this person or that for that person is a law that may not appear Islamic, then I am not bound by it. For example, in car insurance, they have an unjust law and say you must comply with it because it is compliance with the law. I originally oppose the law itself. So if it is permitted for me, in the context of cooperating in righteousness and piety with my brothers, to take with this card and distribute it without harm befalling me or any person, then the situation here needs a fatwa on whether it is permissible or not.
The Shaykh : Yes, you came to us from the door by which we issue fatwas regarding...
The questioner: Yes.
The Shaykh : Yes, and it is so—may Allah have mercy on you—it is certainly so. But regarding the aspect you pointed out, which is that this matter is not discovered and it does not affect its owner, and perhaps his religion, one should be aware of it.
The questioner: Yes.
The Shaykh : But I do not think he will be aware of that.
The questioner : ...those in charge of it, that these people buy more than their need...
The student : Naturally, yes.
The questioner : And then... thirteen... dinars... but this type of estimation is not intended for itself.
The Shaykh : I said earlier if they approve this thing.
The questioner : They approve it in another way.
The Shaykh : No problem, the important thing is that they approve what they do not deny. But it came in the question, and every question has an answer, that if they discover it, they take it away.
The questioner : ...for example, I and you go to the institution... an employee comes, he may respect us and say, "Please, that day my uncle was with me, please come in with me." Sometimes this employee himself comes. I end up coming in front of the employees in charge, saying, "What do you want? I will buy it for you in front of all of them." I mean, I speak.
The Shaykh : And peace be upon you.
The questioner : And this is a matter that has never...
The Shaykh : ... .
The student : ... .
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.