Q: A person provides the service of picking up and dropping off school children from home to school. In the morning, he picks them up from home and drops them off at school. In the afternoon, he picks them up from school and drops them off at home. Some days, certain students are absent. For the days, they are absent, will it be permissible for the driver to charge them for it due to the fact that the seat is reserved for them in the car? The contract between the parties is on a monthly basis i.e. he charges them a fee for his services at the end of the month.
A: The method of providing this type of service is that the parents hire the person who runs the lift club for the entire month (the approximate time it takes to pick up and to drop off the children during the month). Though the exact time of hiring the service is not specified, however on account of ‘urf (common practice), this type of ijaarah (service) will be permissible. Thereafter, the person running the lift club should inform the parents that in the event of any child falling ill, he will still charge them the fee, as he made himself available to offer his services for the hired period. If there is mutual agreement from both sides, then despite any child not utilizing the service of the lift club, they will still have to pay the fee. However, in the case where he had fallen ill and did not offer the service for that day, he will not be entitled to the fee.
And Allah Ta’ala (الله تعالى) knows best.
Answered by:
Mufti Zakaria Makada
Checked & Approved:
Mufti Ebrahim Salejee (Isipingo Beach)