Question:-
I’m a wedding planner and caterer. I charge per head for a complete walk-in/walkout function. I cater for 100 people, with food, but I pay the cook to cook for 120 people because I wouldn’t want the food to be short. If after the function, there is surplus food remaining, then will the food belong to the customer, the caterer, or the cook? I cater and fed the 100 guests and now wish to feed my staff, am I permitted to feed them from the leftover food? Sometimes I give the surplus food to the customer but at other times, the cook takes the leftover food and uses it for another function. This is really wrong but I can’t say anything as they fight with me.
Answer:-
In the queried scenario, the customer ordered catering and food for 100 people. The catering for 100 people can be accurately supplied hence, there is no issue with the catering aspect. The customer is also entitled to the food cooked for 100 people. If you (as the caterer) requested the cook to prepare for 20 more people, then the extra food (for the 20 people) belongs to you (the caterer). If there is a shortage and you allow the guest to consume from the extra food which you requested the cook to prepare, then this will be considered as an act of goodwill from your side. You may also feed your staff from the extra food which you requested the cook to prepare. However, the food cooked for the 100 people will belong to the customer and any remaining food (after the function) should be handed over to the customer.
In order to avoid complications, the food prepared by the cook for 100 people should be kept in a separate Degh or pot, and the extra food which you ordered, should be kept separately so that it is clearly known which food belongs to whom. If there is any food left over from the customer’s order, the food should be handed over to the customer unless the customer voluntarily gives it to you as the caterer.
As for the cooks that prepare the food, they are not permitted to take any food after the function since they have been paid in full for the food that was prepared. They will only be permitted to take the leftover food if the customer consents to them taking the food, otherwise not.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date: 17 Shawwal 1443 / 19 May 2022
