What is the ruling on money claimed by the car owner as compensation for the depreciation of its value due to delayed delivery as a result of the intermediary's illness?
The answer is summarized in the following points:
Firstly: Buying a car for someone else and delivering it falls under the contract of agency (), which is permissible whether it is for a fee or gratuitously.
Secondly: The agent is not allowed to appoint another agent unless authorized by the principal, or if the matter is not typically handled by the agent, or if the agent is unable to perform it.
Thirdly: If the agent falls ill, he must inform the principal. The principal has the right to dismiss him and appoint another agent.
Fourthly: The agent is a trustee and is not liable for what perishes while under his possession unless he commits an transgression or negligence. If he does not inform of his illness and the delay extends, leading to a decrease in the car's price, he is considered negligent and bears the loss. However, if the principal was aware and consented, or if the delay was due to procedures that no one else could complete, then the agent is not liable.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 191408
- 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