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Question:

What is the ruling in the following case? May Allah reward you.

Zaid kept his money and valuables in the safe of Bakar in Bakar’s premises. Bakar’s premises were broken into by thieves. All Zaid’s money and valuables plus some of Bakar’s goods also got stolen. Zaid does not hold Bakar responsible because there was no negligence on his part.

But Bakar is insured and the insurance has paid him out for all that was stolen. Now Bakar wants to pay Zaid from the insurance monies he received, for the loss Zaid sustained. Is it permissible for Zaid to accept this money?

Awaiting your reply.

 

Answer:

It is understood from the contents of the query that Bakr had taken considerable measures to protect the money and valuables of Zaid.

If this is the reality, Bakr will not be responsible for the valuables of Zaid.

With regards to Zaid’s money, the ruling is as follows:

If the money of Zaid and Bakr were put together in such a way that it was difficult to discern which sum of money belonged to who and Bakr had did this without the permission of Zaid, this will constitute negligence on Bakrs part and he will be responsible.

If Zaid had granted Bakr permission to mix the money up with his, or it is the norm to do so, Bakr will not be responsible.

If Bakr had kept the money in such a manner that it was possible to discern who owns which sum of money without difficulty, he will not be responsible. (Raddul Muhtaar, Ahsanul Fatawa, Vol: 7, Pg: 251)

 

( وكذا لو خلطها المودع ) بجنسها أو بغيره ( بماله ) أو مال آخر ابن كمال ( بغير إذن ) المالك ( بحيث لا تتميز ) إلا بكلفة كحنطة بشعير ودراهم جياد بزيوف مجتبى ( ضمنها ) لاستهلاكه بالخلط

It is not permissible for Bakr to claim from insurance more than the amount he has contributed. If Bakr’s negligence is established, Zaid may accept the money from Bakr if he knows that Bakr has not claimed from the insurance more than he had contributed. Otherwise, Bakr should pay him with alternate Halaal wealth.

 

And Allah Knows Best

 

Mufti Suhail Tarmahomed

Checked and Approved:

Mufti Ebrahim Desai

Jamiatul Ulama Fatwa Department

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