Is the technician entitled to the price of the pipe he broke during his work, or should he bear its cost?
A worker in air conditioner maintenance is considered a shared employee, unless a specific duration for the work is agreed upon, in which case he becomes a private employee. A private employee is not liable for what is damaged under his hand unless there is transgression or negligence.
A shared employee is liable for what is damaged due to transgression or negligence. Scholars have differed regarding his liability if the damage occurs without transgression or negligence. The Shafi'is and Abu Hanifa held that he is not liable, while Abu Yusuf, Muhammad ibn al-, and the Hanbalis held that he is liable. They supported their view with what was narrated from Umar ibn al-Khattab and Ali ibn Abi Talib, may Allah be pleased with them, regarding the liability of craftsmen.
If the worker breaks the copper pipe, he is liable, because that is considered negligence. If the two parties differ on the cause of the breakage, they should refer to experts to resolve the matter. In the event of liability, the worker is liable for a pipe similar to it or one that is close in value.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 30018
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy