Which of the aforementioned sums must be paid to the questioner's female relative? And should what his friend paid be deducted from the due amount? And is he obligated to pay for the car rental during his detention? And is the requested compensation considered a debt?
The hand of the tenant is a hand of trust (), and he is not obligated to compensate for damage unless he is negligent or transgresses. Among the transgressions is violating a valid condition stipulated by the lessor, in which case the tenant's hand becomes a hand of guarantee (dhaman). He then guarantees everything, even unforeseen accidents ( samawi), and his hand does not revert to a hand of trust except with a new permission from the lessor.
So, if the car owner stipulated to the tenant that weapons should not be carried in it, his violation of this condition makes his hand a hand of guarantee. He is then obligated to guarantee the damage resulting from the accident, in addition to the bribe amount if the car owner paid it. The car owner is also entitled to the customary rent (ujrat al-mithl) for the entire period.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
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- Ftawy
- Original fatwa ID
- 143118
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy