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Question # : 13285

India

Assalamualikum.One of my friend took my new sherwani which was worn by me just one time in my nikah it cost about Rs.10,000/-to wear in his nikah ceremony.He has lost it.I asked atleast for the money in return but he refuse to give whereas they are rich.What does Shariah says about this.Please reply.

Answer : 13285

Published on: Jun 13, 2009

بسم الله الرحمن الرحيم


(Fatwa: 858/670=L/1430)


 


If your friend guarded the sherwani fully and committed no negligence, and after all the sherwani was stolen, so he will not be asked to compensate it; since a borrowed thing (aariyah) is a trust (amanah) and there is no compensation in trust if the thing is damaged or stolen unintentionally:


وحکمھا کونھا أمانۃ ۔۔۔ ولا تضمن بالھلاک من غیر تعد ۔۔۔ ھذا إذا کانت مطلقۃ فلو مقیدۃ کأن یعیرھا یوما فلو لم یردھا بعد مضیہ ضمن إذا ھلکت (الشامي 8:476)


If he was neglectful of its security or he kept it for period more than agreed upon, he will have to compensate the same.



Allah knows Best!


Darul Ifta,
Darul Uloom Deoband

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