Damaging people's property accidentally Fatwa No: 330694
- Fatwa Date:13-10-2016
Assalaamu alaykum wa rahmatullaahi wa barakaatuhu, Shaykh. When I went to Makkah for my last visit, I had to buy a pair of shoes; they had put pins on the bottom of the shoes that were on display, at the shop, while I was checking out the shoes, I noticed that the pin on one shoe went inside, and I tried pulling it but it did not come out, and I feel that that shoe was not suitable for sale after that, and Allaah knows bes. I am not good in Arabic, and to add to it, I had a severe throat infection to the degree that I had to talk with gestures to that shopkeeper and in order to discuss the matter with my family (who most probably are not suitable for such matters, and Allaah knows best). I left the topic, but it stayed in heart and still remains there. Before leaving KSA, at the airport, I gave an estimated amount to a cleaner there (I guess maybe the shoe's price was 60 SAR, and bargaining could have resulted in a price of 50-55 SAR, and Allaah knows best, and I gave 55 SAR to that cleaner at the airport). I had bought another pair of shoes from that shop at 50 SAR, I think, and he gave them for 40 SAR, from what I remember, and Allaah knows best. My question is: in case I am called to Allaah's House again in Makkah, should I mention this to that shopkeeper in Arabic by getting it written in Arabic on a paper and handing it over to him along with the estimated amount, or is what I did sufficient, Allaah willing? Please advice, Shaykh. May Allaah reward you.
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad is His slave and Messenger.
If you caused damage to the shoe, then you should know that scholars held that when someone causes damage to another person's property, he is obliged to compensate the owner regardless of whether the damage is significant or insignificant or whether it was done accidentally or deliberately.
The Maaliki scholar, Imaam Ibn Abi Zayd wrote:
"If someone consumes another person's property or causes damage to it, then he is obliged to compensate the owner with its monetary value or the equivalent value of its like in the place where it was damaged, regardless of whether the damage is deliberate or accidental. Deliberateness and accidentalness are treated equally with regard to people's property... This ruling applies whether the person who caused the damage is an adult or not and whether he caused the damage himself directly or indirectly, according to the famous view of the scholars." [Commentary on Ar-Risaalah]
Hence, you come to know that you are obliged to compensate the owner of the store if you can or seek his forgiveness and pardon. If you could not compensate him or seek his pardon, then you can offer the monetary value of the shoes in charity, and this is sufficient in terms of clearing yourself of your liability.
Allaah knows best.