Saturday, 18 April 2026 (1 Dhuʻl-Qiʻdah 1447 AH)
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Liability (Ḍamān):

Fatwa No: 23692
Date: 2026/04/18
Answered by: System Fatwa Committee
Views: 1

Question: Two men hold the tribe’s pooled funds: one is entrusted for such-and-such a clan, and the other is entrusted for such-and-such a clan. Then one of them comes to the other and says, “Give me the money to spend on such-and-such”—something other than the purpose for which the tribe apportioned it. He gave him that money; who is liable for it?

Answer—with success from Allah: The money in the hand of each is a trust; he is not permitted to be negligent with it. As for the other “trustee” who asked for the money to spend it on something other than its rightful purpose, he is no trustee in that moment, because his treachery is manifest. If he took the money by the consent, authorization, and empowering of the first, then the first is liable for the money—because he was negligent with what he was entrusted with.

Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2