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Who bears the loss? Ahmed sends the car to be weighed at the weigh-bridge with his employee, the employee steals the car. Mahommed accepts that the loss of R 28 000 is to be borne by him.

Answered as per Hanafi Fiqh by Askimam.org

Ahmed purchased a car from an auction and paid R 53 000 in cash.He then tells Mahommed that the car is for his neice,Mahommed’s wife.Ahmed further states that he is taking the car with him and will hand it to his neice after he has checked and done all necessay repairs,painting etc. Mahommed gives Ahmed a cheque for R 50 000 and R 6 000 to cover the purchase price and any repairs,painting etc. Ahmed also fills out the necessary papers for registration in his neices name. However,when Ahmed sends the car to be weighed at the weigh-bridge with his employee, the employee steals the car and then meets in an accident wherein the car is a write-off. The car is sold off as scrap for R 25 000. The car was never registered in Ahmed’s nieces name nor did Ahmed cash the cheque for R 50 000. As it had become common knowledge that the car was Ahmed’s nieces,Mahommed accepts that the loss of R 28 000 is to be borne by him. However Ahmed feels that he should bear the loss or that the loss should be split in half. Dear Mufti saheb, we refer this matter to you so that we may implement the correct shariah ruling.

Answer

According to our understanding, Ahmad sold the car to Muhammad. Thereafter, Muhammad appointed Ahmad to carry out the necessary repairs on the car. Hence, Ahmad’s position became one of Wadiat or Trust.

The car getting destroyed was not due to any negligence or misconduct on the part of Ahmad, hence, he is not responsible. However, if he voluntarily wishes to share in the loss that was incurred, then he is at liberty to do so.

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.

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