Question ID: 28059


A Muslim contractor, was engaged to erect some gates and an electric fence, on my property. Value approximately R15 000.00

The entire contract was verbal, in so far as the details were concerned.

Now at the completion of the job there is a disagreement as to what was agreed upon- e.g. where the energizer was to be placed, extra wire being used, absence of steel racking for a motor to be installed, paucity of earth leakage rods etc.

Upon attempting to sort out the matter, there was an argument, with both parties accusing each other of being lairs.

In the heat of the argument the contractor then said, “in that case he was giving the entire amount owed as Sadaqa to me”.

This I accepted and indicated this to him, at which point the conversation was terminated. I pay Zakaat.

Can he now come back and demand payment?

If he does not, and I wish to pay out the amount I consider to be fair, who do I give it to, and with what intention?

I accepted his offer of Sadaqa as I wanted to illustrate to him that he tends to make extravagant promises which he then denies. Jazakallah.

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Asked on October 30, 2008 12:00 am
Private answer
If he meant by 'Saqada' - optional charity, then it is permissible to accept. And he cannot come back to claim . If he meant 'Zakaat' and if you are not receipient of Zakaat then he may come back to claim. But try to resolve the matter in peace
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Answered on October 30, 2008 12:00 am