Question about Amaanah/Honesty (امانة)

[ChosenTCO]

Assalamu Alaykom brothers and sisters.

Just a quick question.
Say you where ordering a takeaway meal that costs 10 dollars, but the person preparing your order mistakenly puts in extra food (say extra fries). There is no way you can return it nor pay for it later after you notice the mistake. Would it be considered Haram to consume this food or is it ok? This is just but a small example, there are other mistakes like this that happen on a much larger scale such as construction projects, services, and any kind of industry you can think of.

 

[azc]

It's against taqwa.

HARAAM-The opposite of halaal is haraam. ”It refers to that action which is divinely prohibited.” (Al Qamoosul fiqhi 85) ”Upon carrying it out, a person will be entitled to the punishment of the (fire of hell).” (Durrul mukhtaar 6/337)” It is that which is established through a daleel qatie (explicit and concrete). Whoever denies it will be a kafir. If a person perpetrates it without a valid excuse will be a faasiq and entitled to sin.”(Bahishti zewar 11/4 Kutub khana isha’at islaam)”It is that which is established which is established with a ‘strong’ proof and has a ‘strong’ denotion”.(Raddul muhtaar 6/337)

http://islamqa.org/hanafi/askimam/1482

 

[keiv]

Assalamu Alaykom brothers and sisters.

Just a quick question.
Say you where ordering a takeaway meal that costs 10 dollars, but the person preparing your order mistakenly puts in extra food (say extra fries). There is no way you can return it nor pay for it later after you notice the mistake. Would it be considered Haram to consume this food or is it ok? This is just but a small example, there are other mistakes like this that happen on a much larger scale such as construction projects, services, and any kind of industry you can think of.

What do you think would be worse, going home and eating a meal you had ordered after finding out you were given extra or returning the food knowing that they will throw it away? Which is what they'll most likely do. If you feel that badly about it, give sadaqah or something like that.

In terms of other situations, it's hard to really give a blanket statement for every type of scenario out there.

 

[ChosenTCO]

What do you think would be worse, going home and eating a meal you had ordered after finding out you were given extra or returning the food knowing that they will throw it away? Which is what they'll most likely do. If you feel that badly about it, give sadaqah or something like that.

In terms of other situations, it's hard to really give a blanket statement for every type of scenario out there.

Thing is, lots of people on this forum are against thinking for yourself and are more centered towards taking every analogy and ruling from islamic texts and scholarly quotes/fatwas. So i was looking from something of the sort instead of coming up with the conclusion myself. You see, there are those who would say that if you didnt pay for it then it technically its not your right to consume it. And to be honest, they are correct in that sense.
However, on the other hand what you said is true. If i were to return it or otherwise leave it, it will be wasted (either thrown away or turn bad), which is almost like wasting a blessing. So which is worth more to look after in islam? The amaana aspect of the question (where one would not consume or utilize something that is not rightfully his or not meant for him) or would that aspect be looked over and the person would not be held accountable on judgement day?

 

[azc]

[MENTION=42441]ChosenTCO[/MENTION]:

Thing is, lots of people on this forum are against thinking for yourself and are more centered towards taking every analogy and ruling from islamic texts and scholarly quotes/fatwas.

Quoting scholar's fatwa is the safest way of protection from accountability on judgement day. But if you want my opinion then...

First, any issue which isn't prohibited by definitive evidence isn't haram, however, it may be closer to being haram if (operative causes) illat of undefined matter (muqees) is similar to the defined matter (muqees alaihi) then injunction concerning muqees alaihi will be transmitted to muqees as well.

Second, the person who is selling this food knows its extra cost because of extra fries/ingredients used in this food by mistake and he doesn't ask for extra money, so you can eat it

or he can take it back and should serve what you have asked for.

But if the seller of the food doesn't know about this mistake and you know, then you should return it and ask the same food for what you've paid/to pay.

Or neither he nor you know about this mistake and you realise it after eating food then if you have money are bound to pay full cost as it's against taqwa.



And Allah swt knows best