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Husband steals from stores

Question

Assalaamu alaykum. My question is about theft (stealing). My husband works for a couple of bakeries (one in a supermarket, and the other is a private one). From the supermarket, he usually brings fruits (a few) and tells me that he salvaged them because they are reduced produce that is going bad very soon and which the supermarket will throw away. From the private bakery, he gets cookies and cakes and other appetizers that the bakery makes. He also says that the bakery always throw them out in the garbage and make fresh ones, so he salvages those cookies and appetizers. I do not know what to think. Is it OK to bring them home because he is salvaging them, or is it considered haram to eat? In this case, I sometimes throw things away and feel guilty and feel that I have committed a sin by throwing good food out. I also would like to clarify that my husband has been caught stealing from major stores a few times, and we have paid about $12,000 worth of lawyer fees in total. It seems to be a disease, to the point that he comes with different excuses for why he brings something home these days. I feel that I am very affected by this, to a point that I cannot feel respect for him. We have many major problems like this at home, such as him stealing, name calling, hitting me, swearing at me and my family, not sleeping with me, watching porn, almost walking out, and almost getting divorced. We have three children, and they are affected by all the problems and the yelling in the house, not to mention that the kids now know about their dad stealing since I do not let them eat the things that their dad steals and brings home. What can I say? I ran out of excuses to cover up for him. I do not let them wear the merchandise that he steals either because I believe that it is haram to do so. I need help with him. I cannot report him and I cannot seem to knock some sense into him. He cares very little and I have given up. May Allaah reward you.

Answer

All perfect praise be to Allah, The Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

It is permissible for your husband to take and benefit from the food and other items that are discarded by their owners and which they intend to throw in the garbage, and you are also permitted to benefit from them.

However, if you know that your husband steals some food or any other items, then it is not permissible for you to benefit from them, and it is an obligation to return them to their owners if possible.

If you exert your best effort to rectify your husband and he does not repent from stealing, then it is more appropriate for you to separate from him by divorce or Khul’ (divorce requested by the wife in return for financial compensation).

For more benefit, please refer to fatwas 86307 and 89039.

Allah knows best.

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