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Who is responsible for the loss according to Islamic law?

Answered as per Hanafi Fiqh by Askimam.org

Me & my roommate (who is a Muslim too) went for car wash on the way home from work, in the process I took out driver Sid floor mat and my roommate took out passenger side mate. I did not ask him to take the mat out he did to help me as I was going to do it my self, So I washed both of the mats as they were lying on the floor by each side of front car doors and I put my side mate back in the driver side as he watched me doing so. As we left he did not tell me that he did not put the mat back in the passenger side and I was not able to see the mate since his was sitting their. Next day when I found that they?re no passenger side mate in the car. I said lets share the cost of new mate but he said he would buy me new. I said there is no need to buy new one just share the cost but he insisted in buy me the new one. After few days he refuses to do any thing (buying nor sharing). So I wend and bought a new one my self. It’s not a big deal but, a) I just wanted to know in this situation what should one do, who is responsible for loss. b) Another thing my roommate was upset at me for asking him to share the cost does he has right to do so?

Answer

Your roommates assistance in removing the mat was a gesture on his part. It
was not his responsibility to put the mat back in the car, and therefore, he
cannot be held responsible in any way. (Hidaaya vol.4 pg.451; Ashrafiyya)

and Allah Ta’ala Knows Best

Mufti Ebrahim Desai

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.