Giving Money Donated to a Madrasa to a Teacher One Has Engaged Oneself

Question

(1) I am the rector of a madrasa, appointed by the committee. Zayd is the tenant of the lower floor of the madrasa and has been paying rent to the madrasa. A disagreement arose between Zayd and me, whereupon Zayd did the following: in one of the madrasa’s rooms he installed a teacher, on his own responsibility, to teach; because of the risk of strife (fitna) I raised no objection. Two years’ rent owed to the madrasa has become due from Zayd.

Answer

(1) According to the agreement, paying the rent is wajib upon Zayd. His paying a salary to some teacher on his own responsibility does not cancel the rent; indeed, even if he gave that money or goods to the madrasa as a donation, or fed the students, the rent would not be cancelled by that either. (2)

Source: Fatawa Mahmudiyya

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