A driver carrying paying passengers for himself during work

نقل السائق ركابًا بأجرة لحسابه أثناء العمل

A question about an organisation's driver sent on a job outside it who carried people for a fare for his own benefit, in which Jordan's General Iftaa Department answered that what he earned with the organisation's car without permission is unlawful gain to be returned, and that if he used his own car during working hours he must calculate the matching share of his salary and give it in charity. The Department answered that an employee is a hired worker entrusted with what is in his hands, and trust requires that he take no benefit for himself beyond what he contracted for with his employer; it quoted al-Qurtubi's commentary that trust covers all religious duties. It said that if he used the organisation's car, this is allowed only under its rules or with its explicit permission, and what he earned from unauthorised use is unlawful gain that must be returned to the employer, or given in charity if it cannot be returned. If he used his own car, he must keep the rules on such use, and he may not use working hours for private purposes; if he did, he must calculate the part of his salary matching the hours he spent on his own work and give it in charity, since he used work time for personal profit.

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Summary

A question about an organisation's driver sent on a job outside it who carried people for a fare for his own benefit, in which Jordan's General Iftaa Department answered that what he earned with the organisation's car without permission is unlawful gain to be returned, and that if he used his own car during working hours he must calculate the matching share of his salary and give it in charity. 1

The question

The questioner said a driver employed by an organisation was asked to do a job outside it and, while doing so, carried some people for a fare for his own benefit; he asked whether the money he took is lawful or forbidden. 1

The answer

The Department answered that an employee is a hired worker entrusted with what is in his hands, and trust requires that he take no benefit for himself beyond what he contracted for with his employer; it quoted al-Qurtubi's commentary that trust covers all religious duties. 1 It said that if he used the organisation's car, this is allowed only under its rules or with its explicit permission, and what he earned from unauthorised use is unlawful gain that must be returned to the employer, or given in charity if it cannot be returned. 1 If he used his own car, he must keep the rules on such use, and he may not use working hours for private purposes; if he did, he must calculate the part of his salary matching the hours he spent on his own work and give it in charity, since he used work time for personal profit. 1

About this record

Jordan's General Iftaa Department published this fatwa on aliftaa.jo as no. 3882, dated 28 May 2024. 1 The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.

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Amana (trust, deposit and what is entrusted)· Lease and hire (ijara)

People and things also explored

The liability of a technician working in a repair shop· Muwatta 1782· Muwatta 1799· Muwatta 1830· Muwatta 1837· Muwatta 1839· Muwatta 1841· Muwatta 2004

Sources

  1. Jordan's General Iftaa Department (aliftaa.jo) , fatwa 3882

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islam.museum contributors. “A driver carrying paying passengers for himself during work”. islam.museum, https://islam.museum/en/work/fatwa-aliftaa-jo-a-driver-taking-paid-fares-during-work/. CC BY-SA 4.0. Last updated 2026-11-01.

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The liability of a technician working in a repair shop

A question from the owner of a computer repair shop who asked a technician working for him to repair a customer's device; during the repair the internal control board and some other parts were damaged, causing large losses, and he asked who bears them. Dar al-Ifta al-Misriyya answered that the technician, in his relationship with the shop owner, is a private hireling, since he works exclusively for him during working hours, and his rule is that he is not liable for what is damaged in his hands except through transgression or negligence: if he departed from the established practices of the trade or was careless and took no precautions, he is liable to the shop owner for what was damaged, otherwise he bears no liability, and whether transgression or negligence occurred is referred to people of expertise. Dar al-Ifta characterised the transaction as a hire among three parties: the customer who hires, the shop owner who is a common hireling working for the public and liable by contract for customers' devices damaged by his own act or that of his workers, and the technician who is a private hireling liable only for transgression or negligence; it quoted al-Kasani, Ibn Maza, al-Mudawwana, al-Dardir, al-Ramli, Ibn Qudama and al-Buhuti on the private hireling's non-liability without transgression, and Ibn Shas, al-Mardawi and al-Ba'li on the common hireling's liability to the owner for what is damaged in the hands of his private hireling, explaining the difference by the fact that the common hireling is liable by the contract, not by the act of damage, as the Ottoman Majalla also states.