Fatwa ID: 07038
Answered by: Maulana Ousman Haye
Question:
Back in 2019, I had rented a car for a day to travel from one place to another. I booked the rental online and then when I had showed up to the rental location, they gave me a form that stated something along the lines of damage is my responsibility and that a chip or crack in the windshield results in a replacement (assuming this meant that they would replace a windshield if a chip happened while I was renting it).
As it was the last step in the process and was done quite hastily, I put my initials there in a form of agreement and took the rental.
While driving, I had a situation where a truck was in front of me and its wheels caused a tiny rock debris to fly and strike the windshield. This caused a very small chip to be there (maybe some mm wide). Concerned with this, I repaired the windshield with a typical windshield chip repair kit and the chip basically looked sealed and was barely visible.
When I returned the car, I gave it back, let them inspect it, and asked them if everything was all good but didn’t mention anything about this chip. They didn’t mention anything either, said it was all fine, and didn’t charge anything or find anything wrong
with it.
Looking back at this, I wanted to find out if Islamically I did the wrong thing and if I owe this company anything. In my mind at the time, I didn’t lie to them and let them inspect it as they pleased, even asking if everything was all good – I assumed even if they did see it, it would count as regular wear and tear but now that Im looking back at it, I am in doubt as to how I navigated that situation.
My main concern is I owe this company money in any form as I know our religion holds paying debts as a very important part and I want to be honest in my dealings. Please advise how best to proceed.
I could contact them but it was such a long time ago that the car itself may not even be with them anymore and even if it was, might be such an old and small thing that I’m not sure how I’d navigate this situation if I am liable for something.
In the end, I was charged the agreed rental rate and no mention of damage was held against me even once the car was in their possession. Also, the branch in question where I rented from is no longer in operation but its part of a multinational car rental company chain.
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
It is praiseworthy to see your concern on this matter.
When it comes to most car rental companies, they include small chips on the windshield under the normal wear and tear and overlook it.
Since you mentioned that they inspected the entire car and said nothing, you should be off the hook and not liable for anything in the sight of Allah (swt). No cheating or deception took place here as the company did their due diligence to inspect the car and saw nothing that needed to be mentioned.
Only Allah (عز و جل) knows best.
Written by Maulana Ousman Haye
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
وقوله: رضيت بكذا، أو أعطيتك بكذا، أو خذه بكذا في معنى قوله: بعت واشتريت، لأنه يؤدى معناه، والمعنى هو المعتبر
في هذه العقود، ولهذا ينعقد بالتعاطي في النفيس والخسيس، هو الصحيح، لتحقق المراضاة
(الهداية، ج٥، ص٤، بشرى)
