Question (Q-56)
If a jeweller or his employee washes jewellery then is he allowed to keep the small pieces of gold or silver that come off?
Answer:
If a jeweller or his employee washes jewellery then he is not allowed to keep the pieces of gold and silver. If he keeps it as a salary for his service then this is similar to Qafīz ut Tahhān (this is where a person gives a grinder some wheat so that he grinds it for him and the grinder takes its wage in the form of a certain amount of flour). The Noble Prophet (صَلَّى اللهُ تَعَالىٰ عَلَيْهِ وَ اٰلِه وَ سَلَّمَ) prohibited this. This is what is stated in Al Hidāyah, Chapter on invalid hiring/employment (Bāb ul Ijārat il Fāsidah). If he takes a separate wage for his services but also keeps these extra pieces, then this is Harām (forbidden) due to it being theft. If the owner of the jewellery permits him to take the extra bits then even though the ruling would be that this is permissible, it is still something that is not free from objection. Nevertheless, it is necessary to be cautious in all such scenarios. If the owner of the jewellery clearly states that he has gifted the extra pieces to the jeweller, then there is no ambiguity and therefore taking the extra pieces is permissible without any discussion.
Allah (تعالى) is Most Knowing
Written by Muftī Shamsulhudā Khān Misbāhī (Allah preserve him)
