I work as a guard for a building owner, and he says that the owner is in Ta'if and that he has not paid him his salary. He found three hundred riyals belonging to the building owner and took them. Is it permissible for him to take them or not?
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The questioner : He works as a guard for a building owner. The owner of this building is in Ta'if, and he has not paid him his salary. He found three hundred riyals belonging to the building owner and took them. Is it permissible for him to take them or not?
The Shaykh : Scholars refer to this issue as the issue of "al-Zafar" (seizing what is owed). According to the stronger opinion, it is not permissible. In other words, if a person has a right against another person, and that person has not fulfilled his right, is it permissible for him to take something from the other person's wealth if he has access to it, to the extent of his right? We say that the correct view is that it is not permissible, except if the cause of the right is apparent. For example, if the right is maintenance, such as a wife taking from her husband's wealth if he does not fulfill the obligation of maintenance, or a relative taking from his relative's wealth if he does not fulfill the obligation of maintenance, then there is no harm in that.
The questioner : Yes.
The Shaykh : Likewise, a guest may take from the wealth of the one who hosted him if he does not fulfill the obligation of hospitality, and there is no harm in that. However, this is on the condition that it does not lead to fitnah (trial, discord or temptation) and that it does not become a cause of enmity, hatred, or quarreling.
The questioner : Yes.
The Shaykh : As for the issue of this questioner, who is seeking a specific right whose cause is not apparent, it is not permissible for him to take these coins that he found from the other person's wealth. Rather, the obligatory thing is for him to restrain his hand from what he found, and then to litigate against his counterpart. The doors of the courts are open, praise be to Allah.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.
The questioner : The letter in front of us now is from the sender from Riyadh, M. M. al-Rusayyis. He says in his letter:
The Shaykh : Scholars refer to this issue as the issue of "al-Zafar" (seizing what is owed). According to the stronger opinion, it is not permissible. In other words, if a person has a right against another person, and that person has not fulfilled his right, is it permissible for him to take something from the other person's wealth if he has access to it, to the extent of his right? We say that the correct view is that it is not permissible, except if the cause of the right is apparent. For example, if the right is maintenance, such as a wife taking from her husband's wealth if he does not fulfill the obligation of maintenance, or a relative taking from his relative's wealth if he does not fulfill the obligation of maintenance, then there is no harm in that.
The questioner : Yes.
The Shaykh : Likewise, a guest may take from the wealth of the one who hosted him if he does not fulfill the obligation of hospitality, and there is no harm in that. However, this is on the condition that it does not lead to fitnah (trial, discord or temptation) and that it does not become a cause of enmity, hatred, or quarreling.
The questioner : Yes.
The Shaykh : As for the issue of this questioner, who is seeking a specific right whose cause is not apparent, it is not permissible for him to take these coins that he found from the other person's wealth. Rather, the obligatory thing is for him to restrain his hand from what he found, and then to litigate against his counterpart. The doors of the courts are open, praise be to Allah.
The questioner : Yes.
The Shaykh : Yes.
The questioner : May Allah reward you.
The questioner : The letter in front of us now is from the sender from Riyadh, M. M. al-Rusayyis. He says in his letter: