Is it permissible to take 200 dirhams from the blacksmith who cheated in his work and caused problems, or should it be returned to the homeowner or to the blacksmith?
If the blacksmith cheats in his work, he must rectify the defect or deduct the value of the deficiency from the price. This is to be estimated by experts. It is permissible to deduct this due amount from other payments to the blacksmith, and this is known as "al-dhafr bil-haqq" (obtaining one's right by force). The windows should be presented to other blacksmiths to estimate the amount the blacksmith must refund, and their estimate must be adhered to, to ensure that money is not consumed unjustly, because the wealth of Muslims is inviolable except with their willing consent. It is not permissible to take money for discipline or punishment, as this falls within the purview of the judge.
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- Original fatwa ID
- 191498
- Imported
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