The officials of the association waiving the claim against the one who caused the damages
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Fatwa number ( 19060 )
Q: We are the board of directors of the Al-Bukayriyah Province Association for the Memorization of the Noble Qur'an, representing the association in all its affairs, such as collecting and receiving donations for the association, and spending from them on the association's affairs as we see fit for the public benefit, striving for accuracy and trustworthiness in doing so. The question, Your Eminence the Mufti: Among the association's tangible assets is a bus, which we put to work to generate income for the association. By the decree of Allah, a traffic accident occurred involving this bus during this work, and the driver was 100% at fault according to the traffic department's report. Do we have the right to waive the claim against the driver regarding the damages resulting from this accident? And is it possible to pay the driver from zakah, since he is eligible for it, so that he can settle the amount?
A: It is not permissible for you to waive the association's right against the aforementioned driver; because you are agents for the needy, and an agent for them does not act
except in what is in their interest, and it is not permissible for you to give him from zakah or the association's funds what would settle his debt to it; because this is not in its interest, and because zakah is not paid to one who owes a debt to the payer in order for him to settle his debt to them. And Allah knows best. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: We are the board of directors of the Al-Bukayriyah Province Association for the Memorization of the Noble Qur'an, representing the association in all its affairs, such as collecting and receiving donations for the association, and spending from them on the association's affairs as we see fit for the public benefit, striving for accuracy and trustworthiness in doing so. The question, Your Eminence the Mufti: Among the association's tangible assets is a bus, which we put to work to generate income for the association. By the decree of Allah, a traffic accident occurred involving this bus during this work, and the driver was 100% at fault according to the traffic department's report. Do we have the right to waive the claim against the driver regarding the damages resulting from this accident? And is it possible to pay the driver from zakah, since he is eligible for it, so that he can settle the amount?
A: It is not permissible for you to waive the association's right against the aforementioned driver; because you are agents for the needy, and an agent for them does not act
except in what is in their interest, and it is not permissible for you to give him from zakah or the association's funds what would settle his debt to it; because this is not in its interest, and because zakah is not paid to one who owes a debt to the payer in order for him to settle his debt to them. And Allah knows best. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.