What is the ruling if a ceramic tile fell from a neighbor's property onto my car, causing its windshield to break; do I take half the cost of the windshield from them, or its full price?
The rule for the liability of the owner of the tile depends on its location and condition before falling. Transgression necessitates guarantee (liability), while that which is done with permission does not entail guarantee.
The neighbor guarantees what is damaged by the falling tile in the following cases:
If he placed the tile outside of his property. If he placed it unsecured. If it was secured but leaned to fall, and he was asked to fix it, and sufficient time for repair passed and he did not do so (with the condition of warning and witnessing according to the majority of scholars, though the Shafi'is and some Hanbalis waive this).
The neighbor does not guarantee what is damaged by the falling tile in cases other than these.
If liability is established, the neighbor bears the responsibility of repairing the damaged car and restoring it to its previous condition, or another arrangement may be agreed upon.
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- 19206
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