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The question

What is the ruling on compensating someone for damaging their property? And should the value of the item be considered at the time of damage or at the time of purchase? What if he compensates him with something better than it? Is he obligated to accept repair? And is it permissible to take the excess if he compensates him with something better than it?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

If the damage is minor and does not negate the intended purpose, then it is not permissible to demand another mobile phone or its price. Instead, one should demand the compensation for the reduction in value.

However, if the damage nullifies the intended purpose, the affected party has the choice between handing over the mobile phone to the perpetrator and taking its value, or keeping the mobile phone and demanding compensation for the damage. The value is estimated at the time of damage, according to the more preponderant opinion.

If the mobile phone can be repaired well, then the damage is not excessive, and it is permissible to demand only the reduction in value. If the damage is excessive and irreparable, the affected party has the choice between demanding the value of the mobile phone in its condition at the time of damage, while handing it over to the perpetrator, or keeping the mobile phone and demanding compensation for the damage.

If the perpetrator gives a mobile phone whose value is greater than the damaged one, there is no harm in accepting it if he gives it willingly. Otherwise, the difference must be paid, for the Prophet, peace and blessings be upon him, said: "The property of a Muslim is not lawful except with his good consent."

The same details apply to the brother's umbrella.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
160324
Imported
Translation status
Source text, unreviewed
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