Sat 18 رمضان 1447 (07 Mar 2026)
[Ruling on a Driver Taking the Full Fare from Passengers Without Delivering Them to the Intended Destination]
Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
Fatwa number: 21587
Number of views: 0
[Ruling on a Driver Taking the Full Fare from Passengers Without Delivering Them to the Intended Destination]
Fatwa number: 21587
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Question: A man works with his car transporting passengers from one area to another for a known fare per passenger. The driver asks them upon boarding: “Do you have passports?” They say: “Yes.” Then, along the way, it becomes clear that some of them do not have a passport, while in fact one cannot reach the intended area except with a passport. Partway along the route, the passengers who lack passports disembark. What is incumbent upon the driver, given that he has received the full fare from every passenger? Must he return part of the fare so that he only takes what he deserves? Or is the entire fare lawful for him?
Answer: The jurists of Fiqh have said: the lessee has the right to rescind the lease if the intended purpose becomes void. In the question at hand, reaching the purpose proved impossible. At that point, the lessee may rescind the lease; the driver takes the portion corresponding only to the distance traveled, and returns the remainder.
If the driver wishes to be entitled to the entire fare, he must stipulate to the passengers that each passenger pays the stated amount in full whether he reaches the intended place or disembarks before reaching it—whether with an excuse or without.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2
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