Answered by: Alimah Nasima Umm Hamza
Question
Mufti saheb, I need to ask you a question.
I am in Umrah at the moment. In the Haram there are chairs. Someone was sitting on a chair and for some reason, the chair broke. The person wasn’t doing anything irresponsible nor did he intentionally break it.
بسماللهالرحمنالرحيم
In The Name Of Allah, The Most Gracious, The Most-Merciful
Answer:
A person is liable for any damage they cause, whether it was intentional or not. This means that they will be liable for the damage to the chair.
There is a jurisprudence principle (qawaidahfiqhiyyah) which explains this:
المُباشِرُ ضامِنٌ وَإِنلَميَتَعَمَّدْ
“The one that did the action directly will be held responsible even though he did not do it deliberately.”1
It is advisable that you contact the masjid management and arrange some form of compensation payment. If the mosque decides to forgive you for the damage, then that is also their choice.
Only Allah knows best
Written by AalimahNasima Umm Hamza
Checked and approved by Mufti Mohammed Tosir Miah
DarulIfta Birmingham
1 Al-Qawaid al-Fiqhiyyah Ma’a Sharh al-Mujaz, Page 103