Is One Liable to Pay if a Device is Broken by Them Owned by a Youth Fund?
Answered by Mawlana Ilyas Patel
Question
I am in charge of the youth fund of a mosque. A person named R. should buy a device, and then I should refund the money. Device 1 was bought by R. She thought it was broken. She bought device 2 and wanted to take care of the refund for device 1. It turns out that device 1 was not defective but was not operated according to the operating instructions. As a result, it cannot be returned. Now, the mosque has two devices, and R. demands the money for both devices from the youth fund. Is it allowed for me to pay for both devices from the youth fund when it is her fault that we have this problem? Or does she have to be liable for the mistake? Barak Allahu fik
Answer
In the Name of Allah, the Most Merciful and Compassionate
I pray you are in good faith and health. Thank you for your question.
If she had deliberately broken the item, then in that case, she would be liable to give money for the device. However, it was her failure; if she gives it, it would be good of her. Otherwise, keep the other device for when the other does not work or operate.
The default is that an employee is entrusted (main), and not liable for any damages that occur in the normal course of their work unless it is established that this is from undue negligence, such as when acting against the clear instructions or by such actions or errors that are considered inexcusable.
[Ibn ʿAbidin , Radd al-Muhtar]
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Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel is a traditionally-trained scholar who has studied in the UK, India, Pakistan, Syria, Jordan, and Turkey. He started his early education in the UK. He went on to complete the hifz of the Quran in India, then enrolled in an Islamic seminary in the UK, where he studied the secular and ‘Aalimiyya sciences. He then traveled to Karachi, Pakistan. He has been an Imam in Rep of Ireland for several years. He has taught hifz of the Quran, Tajwid, Fiqh, and many other Islamic sciences to children and adults onsite and online extensively in the UK and Ireland. He taught at a local Islamic seminary for 12 years in the UK, where he was a librarian and a teacher of Islamic sciences. He currently resides in the UK with his wife. His interest is a love of books and gardening.
