AssalamAlaikum. I hired an employee and gave him detailed instructions on how to run my business. He was careless and accepted over $1000 worth of bad checks from a customer b/c he didn’t follow procedure of calling bank to verify if funds were available. Also, he did not regularly open and close the store at the proper times, which resulted in lost business as well as angry customers. Due to his negligence, another customer stole merchandise because he left the display case open which he should not have. I have already paid him part of his salary. His remaining salary is $440. Since because of him my business lost over $1000 due to the bad checks, and actually more than that if you consider the stolen merchandise and lost business- AM I REQUIRED BY THE SHARIAH TO PAY HIM HIS REMAINING $440 SALARY? I would greatly appreciate your reply.
. The Sharée ruling herein given is specifically based on the question posed
and should be read in conjunction with the question.
. The Darul Ifta bears no responsibility to any party who may or may not act
on this answer. The Darul Ifta being hereby exempted from loss or damage
howsoever caused.
. This answer may not be used as evidence in any Court of Law without prior
written consent of the Darul Ifta.
The employee who was incharge of your business was considered as Ameen
(trustworthy). The fundamental rule of Imaanat (trust) is that if there is
any losses or damages from outside sources he is not responsible. However,
if the losses was due to his own doing he shall be responsible. (Hidaaya
vol.3 pg.294)
Therefore, because of his negligence the business suffered a loss. You have
the right to claim from him any losses occurred through his negligence.
There seem to be a dispute between you and your employee. We, therefore,
suggest you refer to an Aalim to mediate or arbitrate between yourself. Our
response is based only on the question asked, we are not issuing a judgment
of the case.
and Allah Ta’ala Knows Best
Mufti Ebrahim Desai