Ruling on using a bus belonging to a Qur’an memorisation school for other charitable purposes that are not connected to it

Question

Praise be to Allah.

One of the established principles of Islamic teaching is
that everyone who acts on behalf of another person should act in his
best interests. Therefore, what the supervisor of the institute must do
is not use the buses belonging to that institute for anything other than
the institute own interests.

As-Suyooti said:

When somebody is acting on behalf of another person, it is
stipulated that he should act in his best interests.

End quote from al-Ashbaah wa’n-Nazaa’ir (p. 109)

Al-Qarraafi said: It should be understood that with regard to
anyone who takes up the position of caliph and any position below that, it
is not permissible for him to do anything except that which will be in the
best interests of that position and ward off harm, because Allah, may He be
exalted, says (interpretation of the meaning): “And
come not near to the orphans property except to improve it”
[al-Isra’ 17:34].

End quote from al-Furooq (4/76)

You did well by not allowing them to transport the mosque
students to Taraaweeh prayer in the bus belonging to the Qur’an memorisation
school, because this is not one of the interests that will benefit the
women’s section.

If the bus is a waqf that was set up as such by the donor,
then in such cases reference must be made to the conditions he made when
giving the waqf. If he gave it as a waqf specifically to the women’s section
, then it should not be used for any other purpose that is not connected to
the women’s Qur’an memorisation section, even if it is charitable work.

But if he gave it as a waqf to the institute in general, then
it may be used for anything having to do with the interests of this
institute, including transporting its students to pray Taraweeh in other
mosques.

It says in al-Mawsoo‘ah al-Fiqhiyyah (6/307):

If the one who gives a waqf stipulates conditions governing
the waqf, then the majority of scholars are of the view that reference
should be made to the conditions stipulated by the donor, because the
conditions mentioned by the donor of a waqf are what govern the ways in
which it is to benefit people; these conditions carry weight so long as they
are not contrary to sharee‘ah.

Shaykh Ibn ‘Uthaymeen (may Allah have mercy on him) said:

It is obligatory to act in accordance with the conditions
stipulated by the donor of the waqf… i.e., what was stipulated in terms of
description, restrictions or the absence thereof, users and so on. Reference
should not be made to the opinion of the supervisor regarding that; rather
reference should be made to what was stipulated by the one who set up the
waqf, and his conditions should be adhered to, unless they are contrary to
sharee‘ah.

End quote from ash-Sharh al-Mumti‘ (11/12)

Shaykh Ibn Jibreen (may Allah have mercy on him) was asked:

Is it permissible to use cars belonging to charitable
organisations for one’s personal business?

He replied:

That is not permissible, because they are a waqf given to the
organisation for the purpose of charitable work done by that organisation.
So the worker does not have the right to use them for his own affairs,
unless they were given to those who are in need, and the description of
those to whom the waqf was given is applicable to him, whether that is on a
permanent basis or in specific situations only.

End quote from the website of Shaykh Ibn Jibreen.

And Allah knows best.