Is it permissible to eat food whose source is unlawful while donating its value in charity?
If your brother's wealth is mixed between lawful and unlawful, there is no sin in eating from it, though it is disliked. Its dislike increases with the increase of the unlawful portion. However, if all his wealth is unlawful, it is not permissible to accept anything from it. If the money belongs to a specific person, it must be returned to him, and it is not permissible to benefit from it or to give it as charity on his behalf. If the owner cannot be reached, the money must be given as charity to Muslims, the poor, and the needy. You should advise your brother to abandon unlawful earnings and explain the consequences of his actions. If the mother took from this money and it cannot be spent in its lawful channels, then eating from it while guaranteeing its value is better than wasting it, because Islamic law forbids squandering wealth, and because the value of the food will benefit the poor. Some scholars hold that money earned unlawfully is only forbidden to its earner and not to those who deal with it in a permissible way.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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