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Holding the customer liable for breaking an item

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: I own a shop that sells ornaments, glassware, crockery, etc.

Often, customers pick up items to examine them and then drop them accidentally, causing them to break.

Similarly, customers sometimes place items in their trolley to purchase, but then drop another item on top of the first item, causing it to become damaged. The customer then says that they don’t want the item because it’s damaged.

In the above two situations, can I hold the customer liable for the item and charge him for it?

Bismillaah

A: Yes.

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

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, 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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