Call-Out Fees
Question
In my line of work, if a client wants to use my services which requires me to travel to their location, I charge the client a call-out fee. This fee is included in the final quote and is made known to the client at the outset. In the event of me using a third party to travel to the client, and the third party does not charge me for the trip, am I required to refund the client the call-out fee?
Answer
In the above-mentioned scenario, the client agreed to the call-out fee in advance, and you fulfilled your duty by going out to the client. It is irrelevant whether the commute was made with your personal vehicle, or someone else’s. Therefore, the transaction is valid and complete, and there is no need to refund the client. However, if out of Ihsaan (goodness) you would like to refund him, then you are allowed to do so, although it is not binding upon you.
References (Arabic / Urdu sources)
أَمَّا تَفْسِيرُهَا شَرْعًا فَهِيَ عَقْدٌ عَلَى الْمَنَافِعِ بِعِوَضٍ، كَذَا فِي الْهِدَايَةِ. وَأَمَّا رُكْنُهَا فَالْإِيجَابُ وَالْقَبُولُ بِالْأَلْفَاظِ الْمَوْضُوعَةِ فِي عَقْدِ الْإِجَارَةِ. (الفتاوى الهندية 3/459)
وَشَرْطُهَا كَوْنُ الْأُجْرَةِ وَالْمَنْفَعَةِ مَعْلُومَتَيْنِ؛ لِأَنَّ جَهَالَتَهُمَا تُفْضِي إلَى الْمُنَازَعَةِ. (الدر المختار مع رد المحتار 9/9 مكتبة رحمانية
- Answered by
- Mufti Muhammad Isa Ali
- Checked & approved by
- Mufti Yacoob Vally Saheb
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