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Offsetting a Salary against a Debt

Question

A man used to run a madrasa. Out of necessity he borrowed the madrasa’s money for his own needs, intending that he would certainly repay it, but he did not disclose any necessity. After that he worked for several months without a salary and let it be known at home that “we are working without a salary” (as if to imply that it would be deducted from the loan), but he did not disclose any necessity.

Answer

No agreement for teaching was made and no salary was fixed. Therefore there is no right to offset this loan. This working in the madrasa without a salary is a voluntary gift (tabarruʿ) and a kindness (ihsan), and he will be rewarded for it. Whatever amount of the donation money he spent on his own needs is a debt.

Source: Fatawa Mahmudiyya

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