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Is it permissible to keep the gift from the shopkeeper for personal use?

Answered as per Hanafi Fiqh by Darulifta-Deoband.com
Asalamualaykum, I am a member of the managing committee of the building society in which we reside. The society comprises of 33 members, mostly muslims. We have got advertisement hoardings on the terrace through which, we generate good revenue. Every year we give gifts to all society members in the form of eatables etc. This year we decided to gift dry fruits. All the managing committee members went to the market to purchase the dry fruits for and on behalf of all the society members. After purchasing the dry fruits one of the managing committe members requested for some personal gift from the shop keeper. As the purchase was a huge amount, the shopkeeper gifted all the managing committee members some chocolates which they kept for personal use. I did not object at that time, but later decided that i would give the gift away in sadkah from the society’s side and requested the other members to do the same. They all refused to give the choclates away. I told them three times but they still kept for personal use. Please tell me: Is keeping the gift allowed, when we went to purchase material for the society? How can we take personal favors from the shopkeeper? 2. Is giving it away in sadkah correct? Please reply at the earliest. Jazakallahu khaire.


(Fatwa: 1159/1002=L/1429)

(1) If you had gone to purchase present for the society, the society will be the owner of the present given to you by the shop-keeper. You should have handed over those chocolates and dry fruits to the society; it was incorrect to use those chocolates.

(2) It was also not right to give them as sadqah, since giving in charity is right when it is difficult to return them to the real owner. Therefore, you should hand over the chocolates to the society. In case you have consumed them, you should pay the price to the society.

Allah (Subhana Wa Ta’ala) knows Best

Darul Ifta,
Darul Uloom Deoband

This answer was collected from the official ifta website of Darul Uloom Deoband in India.

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