I am an engineer working for a company. One of the perks that I get in
return for my work is a sum of money to compensate me for what I have
spent on updating my engineering skills, such as conferences and
books. If I do not use themoney during one year, the company keeps the
money. The company also allows me, as a one-off, to buy a computer
without stipulating any maximum limit on the price of this computer.
Some of my colleagues who have the same perks bought a computer and
gave the invoice to the company to show that they bought this
computer, then they returned the computer to the store and took the
money andkept it. Is it permissible for me to do the same thing?.
Praise be to Allah.
It is not permissible for you to make use of this money except in
accordance with the conditions stipulated by those who are in charge
of your work, which is buying a computer and using it as they have
stipulated to update your engineering skills and so on. It is not
permissible for you to buy the computer and give the invoice to the
company, then return the computer to the store and take its price, as
your colleagues have done. That is for the following reasons:
1.
This is contrary to the conditions on the basis of which you took this
money, and it is not permissible, because anycondition that does not
permit something prohibited or prohibit something permissible must be
fulfilled, because the Prophet (blessings and peace of Allah be upon
him) said: "The Muslims are bound by their conditions." Narrated by
Abu Dawod, 3594; classed as saheeh by al-Albaani in Saheeh Abi Dawood.
2.
This is regarded as deceit, lying and using tricks to consume people's
wealth unlawfully, because you are making them think that you have
bought the computer when in fact you have returned itand taken its
price. Deceit and lying are both haraam according to the laws of
Allah, may He be glorified.
3.
It is proven that the Messenger of Allah (blessings and peace of Allah
be upon him) said: "It is not permissible (to take) the wealth of a
man unless he gives it willingly."
Narrated by Ahmad, 20172); classed as saheeh by al-Albaani in Saheeh
al-Jaami', 7662.
It is certain that if those who are in charge of thecompany knew that
you had taken this money and not bought a computer with it, they would
not approve of that.
4.
In most cases the company only stipulates that their employees should
buy these computers for the benefit of the company, by raising the
standards of the employees, updating the computers that they use, and
other things that will benefit the company and its productivity and
efficiency. This is like what is called in sharee'ah a gift given with
the expectation of some return, which is when one person gives agift
to another in the hope that he will compensate him for it, which is a
kind of gift with conditions or a gift that brings a reward. In the
case of this kind of gift, if the giver does notget what he intended
of returns or the recipient does not adhere to the conditions
stipulated by the giver, the giver has the right to take back hisgift.
Ibn 'Aabideen (may Allah have mercy on him) said in his Haashiyah
(5/710): A woman gave up her mahr to her husband on condition that he
take her for Hajj, but he did not take her for Hajj. Muhammad ibn
Muqaatilsaid: She may take back her mahr, because consent to give the
gift was on condition that there be some compensation; if there isno
compensation there is no consent, and the gift is not valid if there
isno consent. /
Based on that, it is not permissible to make use of this money except
in the manner stipulated by the company.
And Allah knows best.
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Monday, March 4, 2013
The company gave him some money to buy a computer to develop his skills at work; is it permissible for him to sell it and make use of the money?.,Dought clear -
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