We are government employees, and in Ramadan we receive gratuities and zakah from some business men, and we are unable to distinguish between the zakah and the gratuities.
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The questioner : He says: We are government employees, and in Ramadan we receive gratuities and zakah from some business men, and we are unable to distinguish between the zakah and the gratuities because we do not know about it. The question is: If we take that money, even though we are in no need of it, and spend it on widows, orphans, and the poor, what is the ruling? And if we spend it on our families and eat from it, what is the ruling? And if we return it and do not take it, are we not being overly strict?
The Shaykh : Are we what?
The questioner : Overly strict?
The Shaykh : Yes. Gifts to workers are from ghalul (illicit gains). That is, if a person is in a government position and someone who has a connection with that transaction gives him a gift, it is from ghalul, and it is not permissible for him to take anything from it, even if he does so with a good intention. For example, suppose you have a transaction in a certain department, and a gift is given to the manager of that department or to its employees; it is forbidden for them to accept it. This is because the Prophet (peace and blessings be upon him) sent 'Abdullah ibn al-Lutbiyyah to collect charity. When he returned, he said, "This is for me; it was given to me as a gift, and this is for you." So the Prophet (peace and blessings be upon him) stood up and addressed the people, saying, "What is the matter with a man among you whom we appoint to a position, and he comes and says, 'This is for you, and this was given to me as a gift'? Why did he not sit in his father's and mother's house and see whether he would be given a gift or not?" Therefore, it is not permissible for any employee in any government department to accept a gift in a transaction related to that department. And because if we were to open this door and say that it is permissible for an employee to accept such a gift, we would have opened the door to bribery, whereby the one who is owed a right bribes the one who is obligated to give him that right. As we know, bribery is very serious and is one of the major sins. Therefore, it is obligatory for employees, if a gift is given to them in relation to their work, to return that gift, and it is not permissible for them to accept it, whether it comes in the name of a gift, or in the name of charity, or in the name of zakah, especially if they are wealthy, for zakah is not permissible for them, as is well known. Yes.
The Shaykh : Are we what?
The questioner : Overly strict?
The Shaykh : Yes. Gifts to workers are from ghalul (illicit gains). That is, if a person is in a government position and someone who has a connection with that transaction gives him a gift, it is from ghalul, and it is not permissible for him to take anything from it, even if he does so with a good intention. For example, suppose you have a transaction in a certain department, and a gift is given to the manager of that department or to its employees; it is forbidden for them to accept it. This is because the Prophet (peace and blessings be upon him) sent 'Abdullah ibn al-Lutbiyyah to collect charity. When he returned, he said, "This is for me; it was given to me as a gift, and this is for you." So the Prophet (peace and blessings be upon him) stood up and addressed the people, saying, "What is the matter with a man among you whom we appoint to a position, and he comes and says, 'This is for you, and this was given to me as a gift'? Why did he not sit in his father's and mother's house and see whether he would be given a gift or not?" Therefore, it is not permissible for any employee in any government department to accept a gift in a transaction related to that department. And because if we were to open this door and say that it is permissible for an employee to accept such a gift, we would have opened the door to bribery, whereby the one who is owed a right bribes the one who is obligated to give him that right. As we know, bribery is very serious and is one of the major sins. Therefore, it is obligatory for employees, if a gift is given to them in relation to their work, to return that gift, and it is not permissible for them to accept it, whether it comes in the name of a gift, or in the name of charity, or in the name of zakah, especially if they are wealthy, for zakah is not permissible for them, as is well known. Yes.