QUESTION ❓
Assalamu alaikum, Sheikh.
I hired a motorcycle taxi driver to
take me to a particular place. We agreed that he would wait for me while I
completed my errand so that we could return together.
However, when I came out, I
discovered that he had left without collecting his payment. I do not know what
to do with the money he was supposed to receive.
What is the Islamic ruling on this money?
ANSWER
❗️
Wa alaikumus-salam wa rahmatullahi
wa barakatuh.
The fact that you are concerned
about another person's money and want to fulfil your obligation is commendable.
In Islam, protecting people's property and returning what belongs to them are
important responsibilities.
Since the motorcycle taxi driver
provided a service for which you agreed to pay, the money remains his right
unless he has willingly waived his payment or another relevant circumstance
changes the ruling.
Allah says:
إِنَّ
اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا
Inna Allāha yaʾmurukum an tuʾaddū
al-amānāti ilā ahlihā.
“Indeed, Allah commands you to
return trusts to their rightful owners.”
Qur'an 4:58
1.
Make a Reasonable Effort to Find the Driver
The first step is to try to locate
him.
You can:
- Return to the place where you hired him, if practical.
- Ask at the nearby motorcycle taxi stand or among
drivers who regularly work in that area.
- Explain when and where you hired him and describe his
motorcycle, without publicly disclosing unnecessary personal information.
- Ask whether anyone knows how to contact him.
He may have left because of an
emergency or another reason. You should not assume that he intended to waive
his payment simply because he departed without collecting it.
2.
Keep the Money Separate
While trying to find him, keep the
money separate from your own funds.
Do not spend it merely because you
cannot immediately locate its owner. If you later find him, you should pay him
the agreed amount.
Allah says:
وَلَا
تَأْكُلُوا أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ
Wa lā taʾkulū amwālakum baynakum
bil-bāṭil.
“And do not consume one another's
wealth unjustly.”
Qur'an 2:188
3.
What If You Cannot Find Him?
If reasonable efforts to locate the
driver are unsuccessful over a substantial period, you should seek advice from
a qualified scholar about the appropriate treatment of the money.
The rules concerning luqaṭah
(lost property) are relevant in some cases, but this situation is not
necessarily identical to finding an abandoned purse or an unidentified sum of
money. Here, you already know that the money belongs to a person who provided a
service.
Depending on the circumstances and
the applicable scholarly ruling, giving the money in charity on the owner's
behalf may be an option after reasonable efforts to find him have failed.
However, you should not assume that waiting just one week automatically makes
this permissible.
If you subsequently locate the
driver and he does not accept the earlier charitable disposition as sufficient,
you may still be required to pay him. A qualified scholar can advise you on the
details.
Conclusion
The money belongs to the motorcycle
taxi driver because he provided the agreed service. Your responsibility is to
make a reasonable effort to locate him and keep the money safe until you can
pay him.
If you cannot find him despite
genuine efforts, consult a qualified scholar about the appropriate next step
rather than spending the money or assuming that it has become yours.
May Allah reward you for your
concern about fulfilling another person's rights and guide you to what is
correct.
Wallāhu Aʿlam — And Allah knows
best.
Zauren Fatawoyi Bisa Al-Qur’ani da
Sunnah
WALLAHU A'ALAM.
https://t.me/TambayaDaAnsa
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