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Taking kitaabs from a distribution box

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Outside the Madrasah bookshop there are some boxes of old/used kitaabs on a bench. Some people put their kitaabs which they don’t want in the boxes. Other peoples kitaabs end up in the box without them knowing, e.g. someone misplaced his kitaab and someone else put it in the boxes. Also at the beginning of the term /year kitaabs which weren’t claimed are put in the boxes by other people not by the owner. Is it permissible to take kitaabs from the boxes? If kitaabs were taken must it be put back?

Bismillaah

A: If it is placed in the box because the owner does not need them and he left it so that it could be buried or so, then obviously he will not mind that you use that kitaab.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)


Q: What is the ruling when someone’s kitaabs ended up in the box without him putting it in the box, e.g. someone found another persons kitaabs lying about and put it in the box and a third person not knowing about this takes the kitaab away?  Because, sometimes the students lose/ misplace their kitaabs and when they check in the boxes they find it (the owner didn’t put it in the boxes). Sometimes, even the kitaabs which are owned / used by the Ustaadhs (marked for Ustaadhs use) and even Madrasah library kitaabs end up in the boxes.

Bismillaah

A: If you know that it belongs to a student then pull it out and return it to the student.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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