Text copied Link copied

Al-Fatawa – home

﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

Scholar
Search mode

Ruling on the treasury officer taking an amount in excess of what is on the invoice

Machine translationRead the Arabic original
A message was sent by one of our listening brothers. He says: I am an Egyptian in the Kingdom. My brother says: Peace be upon you, and Allah’s mercy and blessings. After that: I worked in the 1970s as the treasury officer for one of the companies that distributes a subsidized commodity to merchants. The nature of my job was: collecting the value of that commodity based on invoices at its official price. However, all the merchants paid the invoice amount plus an extra five or ten piastres, of their own free will. Now, my conscience is troubled by those extra piastres, which naturally went into my personal pocket. I have two questions: Are those piastres considered forbidden, even though the merchant paid them voluntarily?
Second: If they are forbidden, what is the way for me to clear my conscience of those amounts, knowing that these merchants are numerous and in very distant locations, and it is possible that some of them have passed away? Please inform us, may you be rewarded. May Allah reward you with good, and peace be upon you, and Allah’s mercy and blessings.
Answer: If those responsible for these commodities allowed you to take these piastres, there is nothing wrong with it. But if they did not allow it, and you added them to the merchants because of your own need and for your own benefit, then it is forbidden for you. You must repent and give charity with them on behalf of their owners. You must repent and give charity with them on behalf of their owners. However, if you asked the merchants, saying: “I am poor, I am destitute, help me,” and they gave you this assistance because of your poverty, then it is for you; the owners have no claim to it. This is because you clarified to them that you are poor and in need, so they gave it to you as charity. You should understand this. If you took it from the merchants on the condition that you imposed on them, saying: “I will not sell to you until you give me this extra amount,” then this extra amount belongs to the owners of the commodities. You must give charity with it on their behalf if you do not know them. And to those among them whom you know, you must give them their right if you know that. And if you are unaware of that, you give charity with it on behalf of their owners. And if those who appointed you to this position allowed you the extra amount, then it is for you. And if the merchants gave it to you as charity—the sale is known and the price is known—but they gave it to you as charity because you mentioned to them that you are in need, that you are destitute, and that the salary is not sufficient, so they gave it to you as charity, then there is nothing wrong with it; it is for you.
The presenter: If the style of dealing changes, Your Eminence, regarding who pays and who does not pay, what is your opinion, if you would be so kind?
The Shaykh: If they give it to him, it is easy for them and they sell to him easily, but if he does not give it to them, they are difficult with him, then it is forbidden for him. He must hand over the piastres to their owners. If he does not know them, he gives charity with them on their behalf, and he must repent, because he is being unjust by doing this.
The presenter: In that region, they call something like this *bakhshish*, Your Eminence?
The Shaykh: This happens. It happens. Yes.
The presenter: And what is the ruling on it, if you would be so kind?
The Shaykh: It is forbidden. The one who is difficult in selling commodities, or delays them, or drags out the process until they give him the *bakhshish*, it is forbidden for him. But if he states that he is in need and says: “I am in need, I am destitute, help me,” and they give it to him, there is nothing wrong with it.
The presenter: May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

Similar fatwas