Bursary attached to a condition
Question
Many years ago during the apartheid era, a woman was awarded a bursary to study teaching on the condition that she will teach at a government school for one year on completion.
However, that never happened and she did not teach again. The question now is, is there any obligation upon her and if so, how should she recompense it, since that department is no longer in existence?
Answer
In the queried scenario, the bursary was a gift that was given to the student. However, the sponsor attached a condition to the gift. In such an instance, the gift will be valid but the attached condition (of serving at a government school for a period of one year) is considered as Faasid (corrupt.) Hence, if the student was unable to serve or teach at a government school after graduating, there is no obligation upon the student at this stage, particularly since the department is no longer in existence.
References (Arabic / Urdu sources)
Re:- Ahsanul Fataawa Page.260 Vol.7
- Answered by
- Mufti Mohammed Desai
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