Ruling on buying study notes for which the owner has not given permission for them to be copied and sold

My relative is asking me this question and is waiting for a response.
She has tests and she was making copies of notes belonging to another girl who had notes on a subject that my relative does not have. 
When she asked her permission to copy the notes she had, the other girl apologised and said that the notes did not belong to her. When the girl left, my relative was surprised when the library worker gave her papers that were copies of the other girl’s notes. My relative took them and paid for them, but she does not want to start revising from them until she finds out the ruling. Please note that the notes are in her house right now, and I believe that they are the only source she has for revising this subject and she does not know the girl who owns the original notes.

Praise be to Allaah.

What the library worker did of copying the notes without the owner’s permission is a transgression and wrongdoing. It is not permissible for one who knows the situation to copy or buy these notes; if he does so, then he is a partner in the transgression and sin. Intellectual property rights — such as written works and inventions — are protected and belong to the authors; it is not permissible to transgress against them. For more information, please see the answer to question no. 129191

Based on that, your relative does not have the right to make use of these notes; rather she should return them to the library and get her money back. And she should advise the library worker and point out her mistake to her.

If she needs notes on this subject, she should look for them among her friends or in other libraries.

And Allah knows best. Continue reading

Ruling on selling shares by instalments whilst leaving them in the name of the original owner

I want to sell shares by instalments to one of my colleagues. For example, I have 100 shares in a company, which I bought for 50 riyals and now they are worth 40 riyals. Is it permissible to sell them for 60 riyals by instalments? Please note that the shares are in my personal portfolio, and they cannot transfer them to his portfolio except by selling them. Thank you.

Praise be to Allaah.

There is nothing wrong with selling permissible shares by instalments, such as if the value of the shares is 40 riyals and you sell them for 60. It does not matter if the shares remain in your name, but you should document the sale in such a way that will protect the rights of both the seller and buyer.

Dr. Muhammad al-‘Usaymi (may Allaah preserve him) was asked: Is it permissible to sell shares that are in my portfolio to a young man, giving him the freedom to choose the time of sale or to leave them in the portfolio?

He replied: it is permissible in principle, but I do not advise it, because of the likelihood of conflict and dispute between you and him, and of the sale not being documented in the event of death, and of the buyer not being able to acquire what he bought. But if you do that, the buyer should not sell to anyone, because he can never transfer them to his portfolio. Rather he has to ask you to sell them in the market at the time that he wants. End quote. Continue reading

The owner of the factory is cheating in weights and measures; should he carry on working with him?

I work in a factory that produces milk and milk products. Since the crisis that affected raw materials used in milk production, the owner of the factory began to reduce the amounts. According to international standards we should put 1030 grams, i.e., the equivalent of 1 litre, but since that crisis he puts 1000 grams instead of 1030, even though the state supports him with raw materials. But when he is being watched he asks his employees to go back to the original amount, i.e., 1030 grams. 
My question is:
Firstly: is this action permissible? 
Secondly: is it permissible to work in this case? 
If it is not permissible, should I leave this job straightaway or should I wait until I find another job?.

Praise be to Allaah.

The factory putting 1000 grams instead of 1030 grams is a kind of cheating and is haraam. Cheating is a major sin, because the Prophet (blessings and peace of Allah be upon him) said: “Whoever deceives is not of me.” Narrated by Muslim (101).  Continue reading

He sets up training courses, then he makes a contract with the trainer and the owner of the venue

I organise educational and training courses for working people. I suggest courses and receive from the companies a list of attendees and payment in full, then I make an agreement with the trainer — who does not work with me — and I pay him his fees and the costs of the training venue from the payment I have received. What is the ruling on that?.

Praise be to Allaah.

There is nothing wrong with supervising educational and training courses in the manner that you have described, and receiving payment in advance. This is a kind of hiring which the scholars call “hiring for a specific task”, the aim of which is work that has been agreed upon between one who is hired and the one who hired him, without any stipulation that the work should be done by a specific person. The scholars are unanimously agreed that it is permissible to pay the entire fee in advance; in fact, some of them — such as the Shaafa’is — say that this is obligatory and regard it as a condition of it being permissible.

And Allaah knows best.

See: al-Mawsoo’ah al-Fiqhiyyah, 32/286-287

And Allaah knows best. Continue reading

Is it permissible for the broker to receive payment from the car’s owner in return for selling it for him?

A friend said to me: I want to buy a car in return for deferred payment; do you know anyone? I said: Yes. I went to the car’s owner and told him: I have a customer for you, but I want a broker fee without my friend finding out. What is the ruling on what I did?.

Praise be to Allaah.

There is nothing wrong with working for a seller or a buyer; there is nothing wrong with stipulating a condition in that case. End quote.

Majmoo’ Fataawa Ibn Baaz (19/31).

See also the answer to question no. 45726, in which we explained that it is permissible to accept payment for brokerage, so long as the broker is trustworthy and honest.

And Allaah knows best. Continue reading

Owner of a medical laboratory giving doctors some money so that they will send their patients to him

Is it permissible for the owner of a medical laboratory to make an agreement with some doctors so that they will send their patients to him in return for a payment for these tests?
Please note that this will not be paid for by the patients and that the charges for these tests will be the same as the charges in other labs.

Praise be to Allaah.

It is not permissible for the owner of the lab to give the doctor who sends a patient to him for testing a share of the money, because that is regarded as a kind of bribe, which is haraam.

And Allaah is the Source of strength. May Allaah send blessings and peace upon our Prophet Muhammad and his family and companions. Continue reading

He works in a restaurant and takes tips with the knowledge of the owner

My father works in a tourist restaurant where there is no alcohol, only food and drink. He gets a share of the daily profits and a monthly salary. 
The tourists come in buses and do not pay the bill after eating; rather it is the tour company that pays the bills for the food. 
During the meal, the bus drivers wait outside. 
The owner gives my father some money every day and says to him: Give tips to the bus drivers. The owner of the restaurant and the owner of the tour company know about these tips, in the sense that is something regular for the owner of the tour company to give the driver a salary and tell him that the restaurants will give him tips.
And the driver has nothing to do with the tourist groups; rather he is just a driver.
My father also accepts tips with the knowledge of the owner of the restaurant; in fact the owner encourages him to accept them.  What is the ruling on my father’s wealth?.

Praise be to Allaah.

We have previously discussed the ruling on accepting tips and “baksheesh” in the answer to question no. 82497.

But if the tips in this case are given with the knowledge of the tour company for whom the driver is working, there is nothing wrong with that, because the restaurant can give some of the money to the company, so if it agrees to give it to the worker, there is nothing wrong with that.

The same may be said with regard to what your father receives: if it is with the knowledge of the owner of the restaurant, there is nothing wrong with it, because the customer has the right to pay more than the agreed price, and if the owner of the restaurant agrees to leave this additional money for the worker, there is nothing wrong with that. But the worker or employee has to do his job properly and give the customer his rights in full, whether he gives him a tip or not.  Continue reading

Taking a card and giving money to its owner and five other people, in a pyramid scheme

I took a card from a friend of mine and I have to pay $100 for this card, and $100 to the person who gave the card to my friend, and $100 to five people who did the same thing, one after the other (i.e., like a chain letter or something similar). The sixth person takes $800 and the company that is in charge of this takes $800. It carries on like this until everyone who sends the card gets $400. If he gives four cards to four people, and each of them gives the card to another person, the first one will get $1600 and so on. 
Is it permissible to take part in this scheme?.

Praise be to Allaah.

This scheme involves gambling and consuming people’s wealth unlawfully, both of which are clearly forbidden as Allaah says (interpretation of the meaning):

“O you who believe! Intoxicants (all kinds of alcoholic drinks), and gambling, and Al‑Ansaab (stone altars for sacrifices to idols, jinn, etc), and Al‑Azlaam (arrows for seeking luck or decision) are an abomination of Shaytaan’s (Satan’s) handiwork. So avoid (strictly all) that (abomination) in order that you may be successful. Continue reading

The owner of the goods left before taking payment

I bought some goods from a person on the basis that I would pay him for them afterwards. Then I travelled and when I came back, I found out that he had left, and I could not find out where he is now. I left my address with his friends, but he has never got in touch. What should I do?

Praise be to Allaah.

You have to ask the people who know him and make the effort to find out where he is, then send the money to him, or else go and see him and give him what is due to him, because the Prophet (peace and blessings of Allaah be upon him) said: “Every Muslim is sacred to another Muslim in his blood, his wealth and his honour.” It is not permissible for you to take the matter lightly. If you are unable to find him, then give the money in charity on his behalf, with the intention of repaying him too. If you then find him, then give him the choice between getting what is owed to him, in which case you will have the reward of giving in charity, or accepting the fact that you gave it in charity, in which case the reward will be his. Allaah says (interpretation of the meaning):

“So keep your duty to Allaah and fear Him as much as you can” [al-Taghaabun 64:16]

“Allaah burdens not a person beyond his scope” [al-Baqarah 2:286] Continue reading

If he finds a pen on the desk and does not know who its owner is, what should he do with it?

I found a pen laying on the desk if i take it, is it haraam.

Praise be to Allaah.

If an employee or student finds a pen or tool on his desk that does not belong to the company he is working for, then it probably belongs to one of his friends or clients, so he has to tell them about it and give it back to its owner. If no one recognises it, or there are no other employees except him, then it is lost property, which is subject to further discussion:

If it is of little value it is permissible to take it and make use of it, and he does not have to announce it, such as if the pen is not worth more than 50 riyals or so.

If the lost property is of considerable value in people’s eyes, then he has to announce it for a year before keeping it.

For the rulings on lost property, please see the answer to question number 5049.

And Allaah knows best. Continue reading