Using Another’s Property Without Permission
Hanafi Fiqh
Answered by Shaykh Faraz Rabbani
Question: My roomate left a bag of clothes for donation. There were 2 items that I had seen and I took from the bag. I have been using them ever since. So, I donated two different items of clothing on behalf of my friend. Is this okay what I did?
Answer: Walaikum assalam wa rahmatullahi wa barakatuh,
I pray this finds you in the best of health and spirits.
Those two items belonged to your friend, and using them without her clear permission was not permissible, as the Messenger of Allah (peace and blessings be upon him) has clearly stated that, “No one’s property is permitted to use without their clear permission.” Substituting items, without permission, isn’t sufficient.
As such, you should put those two items back with the other clothes specified for donation–and donate them, if that is what was expected–unless your friend gives permission otherwise. It would be recommended to give a small amount in charity as an expression of remorse.
[Nahlawi, al-Durar al-Mubaha fi’l Hadhr wa’l Ibaha; Ibn Abidin, Radd al-Muhtar]
And Allah alone gives success.
wassalam,
Faraz Rabbani