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Can a bus bought for jamaat use be used for personal use?

Answered as per Hanafi Fiqh by Askimam.org

Assalamu alaikum Mas’ala Jus for my own satisfaction I wanted to ask – I bought a jamaat bus Which I would use khaas for the Jamaat’s pick up n drop off n to giv to local n foreign Jamaat’s to use For local Jamaa we decided $600 for a chilla Foreign is no charge Now I asked my 3d Bros. We are all close n friends That’ if the bros wanted to contribute to this N what it would b used for Bros contributed n alhamdulillah we hav the bus n alhamdulillah it’s been used what we got it for However the times wher the Jamaa is not using its parked at my place Can I still use it for my personal school run ? But the moment the Jamaa needs it Jamaat will b given priority It Wil not in anyway n held back from the Jamaa It’s only the time it’s jus sitting there It’s all registered under my name N I initiated it I’m only askin So shaitan doesn’t play wit my head The Bros I hav also told them They are aware of this The $600 or any money we get from the bus Goes in an account for its rego n maintenance

Answer

In the Name of Allah, the Most Gracious, The Most Merciful.

As-salaamu `alaykum wa-ramatullahi wa-barakatuh.

You state you are asking the question for your own satisfaction and you do not want shaitaan to “play with your head”.

You first stated you bought the bus “khaas” for jamaats pick up and drop of. You also state the bus is registered under your name. You then ask whether you could use the bus for personal school run.

Brother if you really want personal satisfaction and you don`t want shaitaan to “play with you”, you should be upright and straight in your dealings.

In the enquired situation, there are many concerns. On one hand you state the bus was bought “khaas” for jamaat and on the other hand you ask whether you could use the bus for personal school run.

This is inconsistent with the “khaas” purpose you bought the bus for. Shaitaan and your conscious will always bother you on this.

You did not state how much you and your friends contributed to the bus. However, you state the bus is in your name and kept by you. The 600 is set aside for maintenance. What if the maintenance is not equivalent to 600 or it is more? What if you pass away? Will the bus in your estate?

Our advise is you meet with the brothers who contributed for the bus and show them this fatwa. Adopt one of the two official positions. The bus belongs to the jamaat and is an amanat for jamaat work. This should be recorded and kept by your friends. The bus should only be used for that.

Alternatively, you purchase the bus from your friends. Arrange to pay them their contributions and you become the sole owner of the bus and use it as you want. You may dedicate the bus for jamaat work as well. You may even pay your friends from the 600 you receive from the jamaats. In this way your dealings will be clear and you would not be a victim of shaitaan`s tricks and plays.

Rasulullah salallahu alayhi wa sallam advised;

مختصر صحيح الإمام البخاري (2/ 14)

دعْ ما يَريبُكَ إلى ما لا يَرِيبُكَ.

“Leave that which puts you in doubt for that which has no doubt”

And Allah Ta`ala Knows Best.

Hussein Muhammad.

Student Darul Iftaa

Tanzania

Checked and Approved by:

Mufti Ebrahim Desai.

This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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