Giving tips to employees
| Fatwa #1277 | Category: Character & Morals | Country: India | Date: 6th November 2024 |
| Fatwa #1277 | Date: 6th November 2024 |
| Category: Character & Morals | |
| Country: India | |
Question
I am confused regarding the issue of giving tips and gifts to workers/employees of a company.
I read this fatwa on internet. Link: ” https://seekersguidance.org/answers/calling-to-islam/is-giving-tips-permissible/ “.
It reads: “Giving a tip is the same as giving a gift to someone. It is permissible to give gifts to Muslims and Non-Muslims. [Quduri, al-Mukhtasar]
We should encourage each other to tip service workers for most of those who work in the service industry make the bulk of their salary through tips.”
But, I feel confused due to the hadith: Abu Dawood reported that the Prophet (PBUH) said: “A person who is hired to do a certain job in return for a certain wage isn`t entitled to take anything other than that, and if he does, then it`s unlawful. “ It was also reported that the Prophet (PBUH) said: “Gifts Received for Occupying a Certain Position are Prohibited.” {Ahmad}. So, when should we give & when should we not? & please also guide me, if I am an employee in a company, and my company driver gives gifts like food items, etc then should I accept it from him or not?
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Tips are voluntary in nature and are classified as gifts.
A person who stipulates a price for doing a job cannot demand more after completing it. This is what is meant by the hadith. Voluntarily giving extra is permissible and is something Rasulullah Sallallahu Alaihi Wasallam himself did as evidenced below.
عن أبي هريرة رضي الله عنه، قال: كان لرجل على النبي صلى الله عليه وسلم سن من الإبل، فجاءه يتقاضاه، فقال صلى الله عليه وسلم: أعطوه، فطلبوا سنه، فلم يجدوا له إلا سنا فوقها، فقال: أعطوه، فقال: أوفيتني وفى الله بك، قال النبي صلى الله عليه وسلم: إن خياركم أحسنكم قضاء
Translation: “The Prophet owed somebody a camel of a certain age. When he came to demand it back, the Prophet said (to some people), “Give him (his due).” When the people searched for a camel of that age, they found none, but found a camel one year older. The Prophet said, “Give (it to) him.” On that, the man remarked, “You have paid me well. May Allah give you in full.” The Prophet said, “The best amongst you is the one who pays the rights of others generously.” (Bukhari – 2393)
As for gifts received for occupying a position, it refers to a position of authority such as a ruler or a judge with whom someone can aim to curry favour or bribe via giving ‘gifts’. A worker is not someone ‘occupying a position’.
As a default, gifting is highly encouraged provided there is no possibility of the gift to become a bribe instead. Therefore, as an employee, if you are given gifts by your employer, they should be accepted. As an employer, if you are gifted by an employee, and there is no occasion for it, nor do you enjoy a familial relationship or friendship with him, and you think that the employee might want to curry your favour, then the gift should not be accepted. If it is accepted, then a similar gift should be given back to him to level the score.
There is no need to overthink these matters. Yes, an individual in a position of power and authority is required to be vigilant.
And Allah Ta’āla Knows Best
Mufti Bilal Pandor
Concurred by
Mufti Muhammad Patel
Darul Iftaa Mahmudiyyah
Lusaka, Zambia