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Driver Collects Washed Garments and Lies about the Price

Question

Assalamu-aleykoom, I have a driver who delivers my thobes (a Middle Eastern clothing) to a laundy service. They take 3 riyals per thobe to iron them, and the driver pays them from his own money and collects the receipts and every group of receipts he gives the receipts to me so I can pay him. Originally I didn't know how much they were taking, but then I noticed every 2-3 weeks he was taking 171 riyals from me, which equals 57 thobes (I only wear one new thobe a day). Just yesterday he showed me a collection of receipts and it said 117 riyals, which is 39 thobes. For the last few months he was collecting 171 riyals every 2-3 weeks and I absolutely don't wear 57 thobes throughout such a period, it MUST be a lie. About almost half a year ago, he left on his vacation and I was taking the thobes myself to the laundry, however BEFORE he traveled he was taking 471 riyals per 2-4 weeks, which is equivalent to over 150 thobes for a period of 2-4 weeks (even if we go with the worst assumption and say he was taking 471 every month, that's equal to over 150 thobes in a thirty day period). He got angry yesterday when I confronted him and said he is not a thief, and I chose not pay him the 117 riyals because I don't believe him. He said from now on he'll hand the receipts to the maid every time he delivers the thobes. I don't believe him, but should I pay him the 117 riyals? He is a muslim who prays in the mosque for at least some prayers, but I just don't believe him about this and I don't know if I should just pay him the 117 for now.

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

This driver acts as an agent and in principle the agent preserves the trust and does not betray it. If you do not have evidence proving his lie, then give him the amount mentioned.

Kitaab Al-Furooq reads: "In principle the agent is a trustworthy person; it is for this reason that we give precedence to his word and take them into account because in principle, the quality of trustworthiness continues to be in him.

Additionally, Ar-Rawdh Al-Murabba’ Sharh Zaad Al-Mustaqna' reads:

"If a person authorizes someone to buy something for him and he (the agent) buys it for him, and then they differed about the amount of its price, then in this case, the word of the agent is what will be accepted." [End of quote]

For more benefit, please refer to Fataawa 138768, 179229 and 272272.

Allah knows best.

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