Fatwa ID: 06533
Answered by: Maulana Burhaan Rahman
Question:
A couple of years ago, a person moved to another relative’s house, the house they had was rented from someone who can be called a family friend and has now been sold to someone else that lives on the person’s street.
- They had blinds in the house and at times the person accidentally broke the blinds but he believes that my uncle fixed them up
- The person used a shisha pen and would go downstairs at times and use it, there would be a mirror in the front room and he believes that one time the smoke went to the mirror and left a mark on there that did not go away and it may have left more than one stain on there, the landlord at that time lived in Manchester, the person in Oldham, the landlord may still live there and he was and is a family friend and a friend of the person’s uncle but the person is thinking that if he approaches his uncle about it that the uncle may not send him a message about it
- When the person moved out of the house he took a key wrongly and deliberately with him and kept it with him and when new people rented the house or bought the house he still had the key and then after some time he texted the new owner of the house and told him he had a key and then subsequently posted it to him.
With regards to these cases, what should the person do I.e. Would the smoke on the mirror mean the house was devalued?
In the name of Allah, the Most Gracious, the Most Merciful
Answer:
- If one misplaces/misuses/breaks something even accidentally he/she should try fixing it just as it was. If they can’t, they must speak to the owner about it and pay for it (unless the owner says it is fine)
وَلاَ تَأْكُلُواْ أَمْوَالَكُم بَيْنَكُم بِالْبَاطِلِ
“And use up another’s property unjustly (in any illegal way, e.g. deceiving, not using properly and stealing”. [Surah Baqarah verse 188]
It’s also about honour from a character point of view. Our beloved Prophet (SAW) has mentioned:
فَإِنَّ دِمَاءَكُمْ وَأَمْوَالَكُمْ وَأَعْرَاضَكُمْ بَيْنَكُمْ حَرَامٌ
Verily, your lives, your property, and your honour are sacred to one another. [Bukhari Hadeeth no: 67]
It mentions is Al-Binayah:
إذا استهلك شخص ما ملكت غيره أو تسبب في إتلافها ، فعليه تعويض المالك بقيمتها النقدية أو ما يعادلها من قيمتها في المكان الذي تضرر فيه ، سواء كان الضرر متعمدًا أو عرضيًا يختلف إذا سامح المالك.
“If someone damages another person’s property or causes damage to it, then he is obliged to compensate the owner with its monetary value or the equivalent value of its like in the place where it was damaged, regardless of whether the damage is deliberate or accidental”. [Al-Binayah Vol 2 page 313]
- If a person had stained the mirror and you know it was him. He should’ve cleaned it but as you haven’t done so and are out of the house, he should inform the uncle and speak to him; find the best solution (buy a new mirror, clean the mirror for him or maybe the uncle out of his good character will say leave it). The same solution as the number
The best thing was for the person to inform him that he had taken a key from the uncle’s house.
Our beloved Prophet (SAW) has mentioned:
لَعَنَ اللَّهُ السَّارِقَ
May Allaah curse the thief [Bukhaari Hadeeth no: 6783]
It’s haram to take someone’s belonging without asking (whilst having knowledge about it) and so returning the object is what should be done.
Only Allah knows best.
Written by Maulana Burhaan Rahman
Checked and approved by Mufti Mohammed Tosir Miah
Darul Ifta Birmingham
