Back to search
The question

Must I compensate my brother-in-law for a car I borrowed from him that was stolen and then returned damaged, after he refused to repair it and sold it for a pittance, then came back demanding its value from me?

Share this answer

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

The loaned item is a trust in the hand of the borrower, who is not liable for it unless he exceeds the permissible use (ta'addi) or is negligent (tafrit), or if a guarantee was stipulated upon him. So, if you were not negligent, nothing is incumbent upon you. However, if you were negligent, then you are liable. If the car is returned, you are obligated to repair it so that it returns to the condition it was in when it was borrowed. If the car was sold, you are obligated to cover the difference between its value at the time of borrowing and its value after its return. There is another opinion that mandates a guarantee absolutely, even if there was no negligence. It is advisable to refer to scholars of knowledge and religion to resolve disputes in a way that satisfies both parties.

Summarized from the full answer at Ftawy · imported

Read the full answer on Ftawy
Source platform
Ftawy
Original fatwa ID
19211
Imported
Translation status
Source text, unreviewed
Read the full ruling
Read the full answer on Ftawy