Taking food from the mess without permission, or taking extra cutlery from the cafe without permission

Feb 1, 2024 | Character And Mannerism

QUESTION:

1. Is it permissible to take extra chicken/meat and bread from the Madrassah mess to make sandwiches later?

2. At the cafes/restaurants, are you allowed to take extra disposable spoons, tissues, etc., for your personal use?

ANSWER:

1. If there is permission from the admin of the Madrasah to take extra food and bread to make sandwiches later, then it will be permissible to take food out of the mess. Alternatively, one should seek permission from the admin of the Madrasah to remove food from the mess. If permission is granted, well and good. If not, then it will not be permissible to take food out of the mess.

2. This will be based on the common understanding amongst the people. The common understanding is that one is permitted to take one spoon by which one’s need is generally fulfilled. Yes, if the plastic spoon breaks, then taking a second spoon may be taken to fulfil the need. In conclusion, taking more than one’s requirement whilst at the café or restaurant is not permitted. Also, if the owner was standing next to cutlery, would one have the courage to take one dozen spoons or serviettes for using at home?

والعرف في الشرع له اعتبار * لذا عليه الحكم قد يدار (شرج عقود رسم المفتي ص44)

لَا يَحِلُّ مَالُ امْرِئٍ مُسْلِمٍ إلَّا بِطِيبَةِ نَفْسٍ مِنْهُ (كنز العمال #397)

The wealth of Muslim is not permissible except that he gives it with a happy heart.

لا يحل لامرئ مسلم أن يأخذ مال أخيه بغير حقه  (كنز العمال # 30343)

“It is not permissible for a Muslim to unjustly take the wealth of his brother

ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST!

ANSWERED BY:

Maulana Abdul Kader Fazlani

Date: – 18 Rajab 1445 / 30 January 2024

CHECKED AND APPROVED BY:

Mufti Mohammed Desai Saheb

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