What is the ruling on keeping a tip, or a portion thereof, knowing that it is distributed unfairly, and is that considered theft?

This issue is contentious regarding the ruling on taking tips initially and on the participation of employees in them.

The most preponderant opinion is the permissibility for an employee to take a tip if it is given to him without solicitation, as a gesture of generosity, and not in exchange for his work.

Tips fall under the ruling of a gift. If the giver specifies a person, it is for that person. If he specifies all of them, it is for them all. If he does not specify, it belongs to whoever takes possession of it, unless custom dictates that it be given to all employees.

If the tip is specifically for the one who receives it, then the participation of employees in it by mutual consent without a binding contract is permissible. However, if it is through a binding contract, its validity is a matter of consideration and dispute among scholars. And whoever enters into such a partnership should not conceal anything of what he takes for himself. However, his concealment is not considered a theft warranting the cutting off of the hand.