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The question

Is it permissible to withhold the institution's inventory from the employers in exchange for their deduction from the salary an amount for damage attributed to the employee, of which he has no knowledge, in addition to deducting holiday days during the probationary period? And is this considered a sin?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

The answer includes four issues:

1. Liability of the Employee (Ajir): The employee is not obligated to compensate for damage unless it resulted from his negligence or dereliction of duty, because he is entrusted, and a trustee is not liable except for negligence.

2. Claim of Damage: If they accuse you of causing damage and you deny it, the matter requires a judge to rule between you.

3. Deduction of Friday's Salary: The ruling on this depends on the contract between you. If the contract stipulated work or deduction, then they are entitled to it; otherwise, they are not. The customary practice of work can also be referred to.

4. Taking One's Right by "Mas'alat al-Zafar" (The Issue of Gaining Control): If the judge rules in your favor, and you cannot obtain your right except by recovering what was deducted from your custody without their knowledge, then this is permissible. And whatever was unjustly taken from you, and you are unable to retrieve it through public means, then there is no harm in taking it from the custody you possess, and the remainder of it must be returned to them.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
112319
Imported
Translation status
Source text, unreviewed
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