Must I Return Extra Food a Shop Gives Me When I Cannot Tell If It Was Intentional?

Answered by Faraz Rabbani

Question

A local chicken shop sometimes gives me one or two more wings than I paid for. This is sometimes intentional, for example, when the wings are small, but I cannot always tell whether it is intentional or accidental. Must I try to return the extra whenever I notice it? If this happens often, and they usually say it is fine when I try to give the money back, must I keep trying to give it back?

Answer

No. In the Hanafi school, you may take what the shop hands you and enjoy it, with no need to return it or to keep asking. Speak up only when something is clearly a mistake.

Custom Decides What the Extra Means

The governing principle is one of the great maxims of the law: custom is decisive (al-ada muhakkama). Imam Ibn Nujaym (Allah have mercy on him) writes: “Know that regard for habit and custom is referred to in fiqh in many questions, so much so that the jurists made it a foundational principle.” [Ibn Nujaym, al-Ashbah wa al-Nazaʾir]

Imam Hamawi (Allah have mercy on him), commenting on this maxim, explains that custom means “the repetition of a thing, and its recurring so often that it ceases to be something that happens by chance.” [Hamawi, Ghamz Uyun al-Basaʾir]

That describes your shop exactly. An extra wing that turns up again and again is not an accident. It is how they serve their customers, making up for small pieces or looking after their regulars. The server packs it knowingly and hands it over willingly.

Their Word Settles It

Allah Most High says: “devour not your wealth between you through falsehood; But only through trade by your complete mutual consent.” [Quran 4:29; Keller, The Quran Beheld] Here, the consent is plain. They added the extra themselves, and when you offered to pay, they told you it was fine. Nothing more is owed.

The Messenger of Allah (Allah bless him and give him peace) said: “May Allah have mercy on a man who is easygoing when he sells, when he buys, and when he calls in a debt.” [Bukhari] The seller who adds a wing is being easygoing. Meet him in the same spirit: accept it with thanks.

A Simple Rule to Live By

Accept what is given ordinarily. If something is clearly a mistake, such as someone else’s order in your bag or far too much change, say so plainly, once. A mere possibility of error creates no duty to investigate, and once they tell you it is fine, the matter is closed. Repeated checking in matters like this is not an act of caution. It is a burden that Allah has not placed on you.

Taqwa Is Shown in Everyday life

Your concern for other people’s rights is praiseworthy. It is part of the mindfulness of Allah (taqwa), which extends to what we eat and how we deal with others. Keep it healthy by putting it where it belongs: pay what you owe, keep your word, and treat the people who serve you kindly.

Keep learning, too. A sound grasp of the basics of worship and dealings, taken step by step from qualified teachers, is the surest cure for doubts. Knowledge tells you what Allah asks of you, and just as clearly, what He does not.

And Allah knows best.

Faraz Rabbani

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