Q: I often take a taxi to a neighbouring city. Whenever a person takes a taxi to that city, the taxi company charges a toll fee over the normal fee for the journey. On a few occasions, the taxi driver offered to not charge the toll by not plugging the charge into the meter. I am now worried that I may have cheated the taxi company by not paying them the toll amount. What should I do?
A: If the taxi company is including the toll fee in their charge on account of them being charged the toll fee by the government for using the road, then it will be permissible for the taxi company to include this charge in their transport charge. In this case, the money should be returned to the taxi company, so that they may pay this fee to the government as this is in lieu of a justifiable service (of using the roads). Since this money is due to the government, you may also return it to them directly. However, if the government is charging this fee without providing any valid service, then this is oppression and you do not have to return this money to the government.
If the taxi company is charging this fee on their own for transporting the customer, then in the case where they are including it in their transport charge, since the entire fee is in lieu of the service of transport, it will have to be paid to the company. However, if they charge the customer a separate fee in lieu of the transport service and a separate fee for the toll, then since this fee is not in lieu of any service which they are providing to the customer, it will not be permissible for them to charge the customer this additional fee and this additional fee will not have to be paid.
And Allah Ta'ala (الله تعالى) knows best.
وإذا دفع الوكيل بالشراء الثمن من ماله وقبض المبيع فله أن يرجع به على الموكل لأنه انعقدت بينهما مبادلة حكمية (الهداية 3/140)
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