Am I obligated to buy the car that was involved in an accident, even after it has been repaired, and am I entitled to use the car if I have paid a down payment on its price?
Scholars have differed concerning the ruling on a loan ( ariyya ). Some hold that it is guaranteed in all circumstances, while others do not guarantee it. Some believe that it is not guaranteed unless the borrower stipulates non-guarantee, or the lender stipulates guarantee. Sheikh al-Islam Ibn Taymiyyah is of the view that a guarantee is required if it is stipulated. However, if the borrowed item is damaged due to the borrower's transgression, then he is liable for it by consensus of the jurists.
Whoever causes damage to a part of a borrowed car is not obligated to buy it. Rather, the most he is obligated to do is to repair what was damaged due to the accident, then return it and pay the arsh of the defect, which is the difference between its value before the accident and after the repair. If an agreement and settlement are reached to buy the car after the accident, this is permissible because "reconciliation is best." If the car is bought, it becomes your property, and the seller has the right to mortgage it until its price is paid.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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