Hajj and Business with Embezzled Money

Question

Zayd was an employee two years ago; it has now been two years since he left the job of his own accord. Zayd’s employment lasted seven years. (1) During his employment Zayd committed embezzlement (misappropriation); Zayd was not alone in the embezzlement — other people from the factory also took part. During his employment Zayd collected the embezzled money and opened a shop. For three years the shop was run by two brothers of Zayd’s brother and Hazrat Wala (?); now Zayd himself sits and runs the business.

Answer

The right of the servant (haqq al-‘abd) takes precedence; it should be paid first. Nevertheless, if he performs Hajj with borrowed money, that is better, because he will then go with permissible money. It is obligatory (lazim) to return the whole amount that was embezzled. From now on he should regard it as a doubtful (mushtabah) debt upon himself (?)

Source: Fatawa Mahmudiyya

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