Question
Question: A civil servant has funds placed in his custody by the state to execute a project. He wishes to perform ḥajj. May he borrow from those funds to cover his ḥajj expenses, to be repaid after his return—bearing in mind that this borrowing will not diminish, delay, or harm the project?
Answer
Answer—and Allah grants success: That is permissible. We have already cited the proofs for permissibility in the case of the guardian of a waqf and of an orphan.
One can be nearly certain that the state would be content with such an act and would not regard it as a betrayal; the scholars say that presumed consent functions like explicit permission.
If it is asked: “Why do you not treat these funds like a deposit (wadīʿah)—in which case use would not be permitted?”
We reply: There is a difference. A deposit is placed with someone for safekeeping, which is what its very wording implies. These state funds are not of that nature: they are placed with the employee to execute a project. The aim is to realize the project per the required specifications, whether with those very banknotes or with their equivalent. All this assumes presumed consent.
However, if borrowing would delay or diminish the project, or the borrower fears he may be unable to repay, then borrowing is impermissible; that would be a breach of trust in office.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2
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