Q: There is a Moulana running a school for special needs children. The school was renting a premises and were looking to purchase a property.
The Moulana told me a property was identified which would be suitable for the school. I donated 1 million rand for the purchase of the house.
Few days later I found out that the Moulana gave the money to Hawala people as an investment. I therefore went to him and asked for the donation back as he did not use the money for what I gave (and it was clear that it was for the property).
The Moulana confirmed my finding but said the school will get returns and I cannot get my money back because it's like I'm licking my vomit to ask for it back in light of the Shariah.
I did not make him the owner of the money. Rather he was supposed to purchase a property with it which he did not do. I would like to know if I can demand my money back in light of the Shariah and use it in for another Lillah project.
A: The money was supposed to be used for the purpose it was donated for. It was not permissible for the Aalim to invest the money. Since he did not use the money for the purpose you had donated it for, you have the right to take back the money from him.
What the Aalim mentioned to you, that if you take back the money, it will be like you licking your own vomit, this is not correct. This applies to the case where someone gives another person a gift and then takes it back from him. The Hadith describes this action of taking back one's gift to a dog that vomits and then licks its own vomit.
This does not apply to this situation where you had given the money to the school to be used for a certain purpose, and since they did not follow your instruction, you are asking for the money back.
This agreement is regarded as a wakaalat agreement (assigning someone to fulfil a certain task on your behalf). The fuqaha have ruled that if one gives someone some money and assigns him to complete a certain task with the money, then it is compulsory for the one who was assigned and appointed to use the money for that specific task.
If he uses the money for any other purpose, it will not be permissible and the person who had given him the money has the right to dismiss him and take the money back from him. Hence, in this case, the Aalim should return the money to you.
And Allah Ta'ala (الله تعالى) knows best.
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