Question:
I know that gifts given to an employee while working for his company is for the company and not the employee. My company's policy is that such gifts are left for the boss of respective units to decide on if the recipients should take them or he might decide otherwise. Now, I read not too long ago that such gifts should not even be collected at all. Please what is the evidence for this? Or if it is due to an analogy, please make the reason known to me.
Fatwa:
All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad is His slave and Messenger.
It is not permissible for an employee to take gifts from people who have interests in the company he works for unless he informs the company about it. Since it is the company that decides about such gifts as you mentioned, then there is no harm in taking the gift and giving it to your supervisor to decide what to do with it as a fulfillment of the condition imposed by the company.
The evidence about the prohibition of accepting such gifts is that Ibn Al-Lutbiyyah was working as an administrator of the Zakat, and when he brought it to the Prophet he said: "This is for you (i.e. the Zakat) but this was gifted for me." Thereupon, the Prophet said: "Had you stayed in your father’s or mother’s home, would you get such a gift?" [Al-Bukhari and Muslim]
However, it should be noted that the above narration does not apply to the situation mentioned in the question, because it is the company that decides about the gifts.
Allah knows best.
Mofti: The