Question:
I inserted money into a vending machine to buy a drink. However, when the machine dispenses the drink it also returned my money and I take my money back. Which basically mean that I did not pay for my drink. Is it permissible for me to drink my beverage since the machine is broken (malfunctioned)?
Answer:
Waalaikumussalam wbt,
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
The commandment of interacting through only the permissible is clear in the Quran. As a Muslim, the aspect of identifying the permissible and good is an obligation in our daily lives. Allah SWT state:
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ إِلَّا أَن تَكُونَ تِجَارَةً عَن تَرَاضٍ مِّنكُمْ
“O you who have believed, do not consume one another's wealth unjustly but only [in lawful] business by mutual consent.”
Surah al-Nisa’ (29)
Imam al-Qurtubi explains the meaning of the word (الْبَاطِل) as “Eating or taking something without payment or compensation nor is it a hibah or gift. Batil also means something which is not our right.” (Refer Tafsir al-Qurtubi, 5/150) and (Refer Tafsir Ibn Kathir, 1/593)
The same is stated in a hadith from al-Nu’man bin Bashir, where the Prophet PBUH said:
الْحَلاَلُ بَيِّنٌ، وَالْحَرَامُ بَيِّنٌ وَبَيْنَهُمَا أُمُورٌ مُشْتَبِهَةٌ
“What is lawful is clear and what is unlawful is clear, but between them are certain doubtful things.”
Sahih al-Bukhari (2051) and Sahih Muslim (1599)
Imam al-Ghazali said the prohibition of something or food happens in two situations. First: The prohibition due to the matter or ‘ain of the thing itself, such as swine or alcoholic beverages and others. Second: The prohibition is due to other reasons such as if the goods are stolen, or if it is from usury or other means that contradict syarak and others. (Refer al-Halal wa al-Haram fi al-Islam, by Yusuf al-Qaradhawi, pg. 24)
Coming back to the question asked, it is prohibited and sinful to eat or drink from food or drinks from a broken vending machine without paying for it. The reason is, according to the above verse, both parties’ (seller and buyer) rights must be fulfilled and this is an obligation in any trade. For every trade or transaction in business’s purpose is to get a profit and this includes vending machines. Hence, it is the responsibility of the buyer to inform the seller that his vending machine is broken and should be repaired.
Conclusion
In this issue, we hold the opinion that it is prohibited and sinful to take drinks or food from broken vending machines without making any payment. In this situation, the buyer who has taken the drink should manually contact the seller and pay for his drink. The reason is, the concept of the vending machine means that we as buyers are buying from the seller. We have already claimed our right by taking the drink but his right is unfulfilled since he did not receive any payment. Hence, we should pay him.
Wallahua’lam.