21386: He is entrusted with some charity funds and his brother owes him money – can he give him some of that charity money?


 I have in my possession charity funds which are exclusively earmarked for a specific area. We have allocated part of it to give loans to those who are in need. My brother was laid off, and he is outwardly righteous. He failed to find a job and in the end he found someone who would find him a job in return for a payment of thirty thousand riyals. I gave him this amount from my own money, on the basis that he would pay me back from his salary in the future, in sha Allah. But that person turned out to be a con man, and my brother has not found a job and has not paid me back. 
My question is: is it permissible for me to give my brother some of that charity money so that he can pay me back? Note that he does not have any income apart from six hundred riyals a month, and I am borrowing to pay off my own expenses. May Allaah reward you with good.

Praise be to Allaah.  

If your brother is poor and is entitled to zakaah, then it is permissible for you to give him some of the charity funds that are with you (if he is from the same area that was specified by the donors), without stipulating any conditions. You should not take that to replace the money that you gave to him, but if he gives it to you of his own free will then it is o.k. for you to take it. 

Shaykh ‘Abd al-Hameed.
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