Cellphone under warranty being damaged through one’s own doing

Answered according to Hanafi Fiqh by

Q: About 2 years ago a purchased a cellphone from a store that offers an extra warranty which I had taken out that says they will provide you with a new phone if something happens. The warranty covers accidental water damage and screen cracks etc. There is some terms and conditions that basically say that if it was intentional/deliberate then that would not be covered. One day whilst using the phone I thought some dirt/napaak might have gotten onto the phone, so i took some water in my hands and put it over the phone. Regrettably the phone had gotten water damaged and I had taken it in to the store to get it fixed/exchanged. When I took it in to the store, they did not ask how or when it happen but rather took my personal details and a week later gave me a replacement phone. Of course, my main intention was to just clean the phone, but unfortunately it had gotten damaged.

1. Is the replacement phone they gave me ok for me to use? I ask since the phone had broken through my own wrong doing even though not deliberate and they did not ask anything about it

2. Did any of the work i did for work purposes on the phone become wrong for me to do?

3. Coincidentally after a couple of months the replacement phone they had given me fell in the rain and yet again I went to them. This time they asked how it happened etc and I explained to them it fell in the rain and they gave me another replacement phone again. Is this phone also OK for me to use since the first one (not original, first replacement) had to be given in?

4. Can I sell this second replacement phone and use the money from it?


A: Make it known to the store that this is what happened and see what they have to say.

And Allah Ta’ala (الله تعالى) knows best.


Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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