Fatwa ID: 08326

Written by Maulana Mohammed Aabu Saeed Miah

Question:

Someone left some goods with someone saying I will take it in few days. He did not collect it. In the meantime, the second person put it in storage with a third person. After 2 years the first person came to collect his goods, now the third person is asking for storage charge. Can the third person ask for storage charge and if so, who pays the charge?

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

The owner of an item is responsible for it. This responsibility does not stretch to anyone else. If someone volunteers to take responsibility, this will be okay.

According to the agreement, the second party only volunteered to keep the item for a few days. Though the second party still held the item after a few days, the responsibility returns to the owner after the agreed period. The storing of the item with a third party is equivalent to disposing of it. The cost of storing the item with a third party will fall on the owner. If the owner denies paying it, the item may be then sold to recover the storage costs. Any surplus amount will be returned to the owner. If the items value does not cover the storage cost, the owner will have to cover it.

References:

قاعدة ٤٢ – المعروف بين التجار كال المشروط بينهم – القواعد الفقهية للشيخ عزت عبيد الدعاس

Only Allah knows best.

Written by Maulana Mohammed Aabu Saeed Miah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham