Author: Dr. Muhammad Ziya-ur-Rahman Azmi رحمه الله
◈ The Issue of Ẓafar (Possessing Means to Take One’s Right) ◈
A security guard working for the owner of a building says: "The owner does not pay my salary. I found 300 riyals belonging to him and kept them. Is it permissible for me to take that amount?"
This issue is referred to by scholars as "Mas’alah Ẓafar" (the matter of taking possession in case of access).
According to the strongest opinion, it is not permissible.
If a person has a right over someone who fails to fulfill it, the question arises: Is it permissible to take that right from the other’s property if one has the power to do so?
The correct view is:
✖ It is not permissible.
✔ Except when the reason for the right is clearly established and apparent.
Such as in the following cases:
✔ A wife whose husband does not provide her obligatory maintenance – she may take from his wealth without his knowledge.
✔ A relative who is obligated to provide maintenance and fails to do so – the dependent may take from their wealth.
✔ A guest whose host fails to offer hospitality – the guest may take what suffices for his needs from the host’s property.
But the condition for this permissibility is that it should not lead to discord, enmity, or conflict.
In the case of the security guard:
He is claiming a specific, personal right (his salary), but the reason for that right is not outwardly established or proven.
Hence, it is not permissible for him to take the 300 riyals he found from the owner's property, even if he has the means to do so.
What is obligatory upon him is to refrain from touching that money and instead demand his due from the employer through rightful means.
Ibn ʿUthaymīn – Nūr ʿala al-Darb 7/234
◈ The Issue of Ẓafar (Possessing Means to Take One’s Right) ◈
A security guard working for the owner of a building says: "The owner does not pay my salary. I found 300 riyals belonging to him and kept them. Is it permissible for me to take that amount?"
This issue is referred to by scholars as "Mas’alah Ẓafar" (the matter of taking possession in case of access).
According to the strongest opinion, it is not permissible.
If a person has a right over someone who fails to fulfill it, the question arises: Is it permissible to take that right from the other’s property if one has the power to do so?
The correct view is:
✖ It is not permissible.
✔ Except when the reason for the right is clearly established and apparent.
❖ When Is It Permissible?
Such as in the following cases:
✔ A wife whose husband does not provide her obligatory maintenance – she may take from his wealth without his knowledge.
✔ A relative who is obligated to provide maintenance and fails to do so – the dependent may take from their wealth.
✔ A guest whose host fails to offer hospitality – the guest may take what suffices for his needs from the host’s property.
But the condition for this permissibility is that it should not lead to discord, enmity, or conflict.
❖ Ruling in the Case at Hand:
In the case of the security guard:
He is claiming a specific, personal right (his salary), but the reason for that right is not outwardly established or proven.
Hence, it is not permissible for him to take the 300 riyals he found from the owner's property, even if he has the means to do so.
What is obligatory upon him is to refrain from touching that money and instead demand his due from the employer through rightful means.
Ibn ʿUthaymīn – Nūr ʿala al-Darb 7/234