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Is it permissible to take compensation from the seller after the theft of purchases left in his custody?

1 min readAlso available in العربية

If the merchant with whom you deposited your goods claims they were stolen, then consider the following:

1. If the merchant did not neglect the safekeeping of the trust: He is not liable for it; because a trustworthy hand is not liable except through transgression or negligence. He is to be believed under oath regarding his claim that the trust was destroyed, even if he mentions a hidden cause like theft.

2. If the merchant neglected the safekeeping of the trust until it was stolen: He is liable for it and must give you a similar item if it is quantifiable by measure, weight, or count (mithli), or its value if it is non-quantifiable (qimi). This is because negligence in trusts that leads to their destruction necessitates liability.

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Source platform
Ftawy
Original fatwa ID
176785
Imported
Translation status
Source text, unreviewed
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