Fatwa #3388817 August 2015United States of America
I misused Zakaat money. What do I do?
Question
I have done breach of trust in the money of sadaqa or zakat which my friend has given me to give it to some particular person for charity, Actually i forgot and left that city and the money was used by me, so tried to go to the same person to whom i was supposed to give the charity amount or zakat amount but i had not went till now there keeping in mind that the person to whom sadaqa was to be given is present there or not ,the amount was 2000 , Please advise me what to do .
Answer
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
We commend your enthusiasm in seeking clarity on your current predicament. May Allah (SWT) enable us all to make our lives in complete conformity to the Shari’ah.
Your friend gave you Rs.2000 Sadaqa or Zakat to give to a particular person. Accordingly you are friend’s representative (Wakeel) to hand over the money. A Wakeel is an Ameen (entrusted person). Your friend entrusted the amount to you for dispensation of zakat to a particular person. Shari’ah has emphasized on the rule of trust and trustees. Shari’ah also has emphasized on the correct dispensation of zakat or sadaqah. We understand you forgot to dispense the amount. Now that you remembered, make Istighfaar (seek forgiveness from Allah) for your negligence. Inform your friend of what had happened. In principle you will be responsible to replace the Rs.2000. If your friend permits you to still dispense of the money to the same person or any other person, you may do so. Alternatively, return the money to him.[1]
And Allah Ta’āla Knows Best
Abdullah ibn Mohammed Aijaz
Student Darul Iftaa
Baltimore, USA
Checked and Approved by,
Mufti Ebrahim Desai.
[1] A. رد المحتار (6/ 492)
( قوله ولو تصدق إلخ ) أي الوكيل بدفع الزكاة إذا أمسك دراهم الموكل ودفع من ماله ليرجع ببدلها في دراهم الموكل صح .
بخلاف ما إذا أنفقها أولا على نفسه مثلا ثم دفع من ماله فهو متبرع
B. Fataawa Raheemiyyah: V.6/147
C. Fataawa Mahmoodiyyah: V.9/PG.490-491
D. Fataawa At-Taatarkhaniyyah V.3/PG.227-228 (Maktaba Zakariyyah, Deoband)