Taking of compensations


Bahishti Zewar, Fiqh, Part 5-Principles of Business / Thursday, October 28th, 2010

1. A dyer, washerman or tailor was given an item in order to carry out his respective job. The item which is given to him is regarded as an amânah. If it is stolen, lost or destroyed unintentionally despite his taking all the precautions; it is not permissible to take any compensation from him. However, if he washed the cloth in such a way that it got torn, or placed an expensive silk garment in the cauldron in such a way that it got damaged; it will be permissible to ask him for a compensation. Similarly, it is permissible to take compensation for a garment which he may have exchanged (with another garment). If he loses a garment and says that he does not know where it has disappeared to or what has happened to it, it will be permissible to ask him for compensation. But if he says that a burglary took place and it got stolen, it will not be permissible to ask for any compensation.

2. You hired a labourer and asked him to deliver some oil, ghee, etc. to your house. On the way, it fell down. It is permissible to ask him for compensation.

3. As for the person who is not hired for that particular job, instead he is your employee, domestic servant or a person who has been hired for a day or a few days, if he drops anything, it will not be permissible for you to take any compensation from him. However, if he intentionally causes any damage, it will be permissible to ask him for compensation.

4. A person has been employed to tend to a child. Through his negligence, the child’s jewellery or any other item disappeared. It is not permissible to take any compensation from him.

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