An employee accepting gifts of money from clients
Fatwa No: 239962

  • Fatwa Date:17-2-2014 - Rabee' Al-Aakhir 17, 1435
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Question

Assalam alaikum. My question is as follows. zaid is working in Govt department. He gets money other than his salary form his clients which is given without asking and demanding. It is a practice that clients gives money to the officers every month. Zaid gets salary from govt for the work done by him. The possible purpose of giving money may be for keeping good relations and for smooth functioining. Zaid need not necessarily do any favour to the clients. There is two types of such payments one is that the clients give monthly payments and one is that the clients pay commission of the refund of tax paid to clients. Refund has to be paid to clientsas per the Govt rules. On such refund amount certain percentage is given to the officers who process refund. Now the questions of Zaid are as follows. Whether such amount either the monthly or the commission on refund can be accepted by him. If it is not accepted the clients will be happy and the money will be kept by the middle man. Some of the amount is being taken by the subordinate. Can zaid take money from his subordinate as a loan/gift. Zaid thinks why he should not take this amount and spent it for poor and riot effected persons.Another problems is that Zai'ds son is 27 years old but he is jobless now can he take this money and for seeking job for his son. Some times bribes are required to be given for getting justice whether such money can be taken and kept safe for spending whenever justice is required to be sought. Can this money be used for giving bribes whenever it becomes necessary. Zaid had taken bank loan for sending his son abraod for higher studies but there was a deceiving by the agent and his son came back without studying. whether he should use this money for payment of interest on the loan. Zaid has spent around 27 years of service and he is famous as honest in the department. Now if he starts taking it is it better for him or not. Can zaid tell the clients to deposit the money with some relief fund

Answer

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

It is not permissible at all for the person referred to as Zayd to take that money for himself from the clients without the permission of his employer. If his employer does not give him permission for this, then he is not entitled to take anything from it; rather, he should give it to his employer as this is included in the gifts of the workers which the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) warned us against. The evidence about the prohibition of accepting such gifts is that Abu Humayd As-Saa'idi  may  Allaah  be  pleased  with  him narrated that a man from Banu Asad called Ibn Al-Lutbiyyah was working as an administrator of the Zakah, and when he brought it to the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) he said: "This is for you (i.e. the Zakah) but this was gifted to me." Thereupon, the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) ascended the pulpit and praised Allaah then said: "What is with a man that I send (to collect Zakah) so he says: This is for you and this was gifted to me? Why does he not stay in his father’s or mother’s home and see if any gifts would be given to him or not? I swear by the One in whose Hands is the soul of Muhammad, no one of you takes anything from it except that he would come on the Day of Judgment carrying it on his neck..." [Al-Bukhari and Muslim]

‘Adiyy ibn ‘Ameerah Al-Kindi  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) said: "O people! Whoever is appointed by us to do any job [any position] and he conceals from us as little as a needle or something bigger than it, it would be misappropriation (of public funds) and he will produce it on the Day of Judgment." The narrator said: A black man from the Ansaar stood up –I can visualize him still –and said: "O Messenger of Allaah, take back from me your assignment." He [the Prophet] said: "Why is that?" The man said: "I have heard you saying such and such." He [the Prophet] said: I say that (even) now: Whoever from you is appointed by us to a position of authority, he should bring everything he makes of it, whether little or much. Whatever he is given therefrom he should take it, and whatever he is forbidden from taking, he should abstain from taking it.” [Abu Daawood]

For more benefit, please refer to Fataawa 100845 and 89483.

As regards bribery, it is one of the major sins. ‘Abdullaah ibn ‘Amr  may  Allaah  be  pleased  with  him narrated that the Prophet  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) cursed the person who gives bribery and the one who takes it. [Abu Daawood, At-Tirmithi and Ibn Maajah - Al-Albaani graded it Saheeh (sound)]

However, what is given in order to get one’s right or repel injustice is not included in bribery; and the sin, in this case, will be on the one who takes it and not on the one who gives it. Ibn Al-Atheer  may  Allaah  have  mercy  upon  him said: “What is given in order to get one’s right or repel injustice, then this is not included in it [bribery].

Finally, that man must repent from borrowing money with Riba (usurious interest), by seeking forgiveness, regretting having done it, and being determined not to return to it again. A person gets what is with Allaah by pleasing Him and not by disobeying Him. For more benefit, kindly refer to Fatwa 86527.

Allaah Knows best.

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