Lay bye claim
Category:
Business Dealings & Money Matters
According to Madhhab:
Hanafi
Reference:
1440-275
Question:
slm my question is
that i sold my business to a bangladeshi our agreement was that he would pay me
every month but that did not happen the shop was sold including all accounts an
laybyes .i was very sick and have just started working for some one in the mean
time one of my customers saw me an demanded that i give his money back or the
goods whitch he laybyed i promiced to pay him every month 400hunred rands my
wages is very little an i have to depend on my wifes salary she is very unhappy
that i have to pay this guy whats the ruling regarding this matter,will Allah
take me to task regarding this matteran the money my wife is contributing will
i answer for that as well
that i sold my business to a bangladeshi our agreement was that he would pay me
every month but that did not happen the shop was sold including all accounts an
laybyes .i was very sick and have just started working for some one in the mean
time one of my customers saw me an demanded that i give his money back or the
goods whitch he laybyed i promiced to pay him every month 400hunred rands my
wages is very little an i have to depend on my wifes salary she is very unhappy
that i have to pay this guy whats the ruling regarding this matter,will Allah
take me to task regarding this matteran the money my wife is contributing will
i answer for that as well
Answer:
When a customer lay-byes goods (from your store) then the deal has not been concluded and finalized as yet, rather the money received from the customer is considered as Amaanat (trust) in your hands. The deal is only completed and finalized when the funds are received in full from the customer and the seller hands over all the Amaanat funds to the customer and he in turn uses it to purchase whatever item/s he requires from the store.
Since you took possession of the funds from the customer, you are responsible for returning the funds to him in full as the money was Amaanat in your hands. Yes, if you do not return the funds to the customer then you are answerable in the Court of Allah Ta'aala.
However, if at the time of selling the business over to the Bangladeshi, you returned the lay-bye funds to the customer (due to no longer being the owner of the business) and he in turn concluded a lay-bye agreement with the new owners then you are not responsible for reimbursing the customer, rather he should claim his funds from the Bangladeshi directly.
In regards to your wife running your household expenditure, if she is doing so on her own free will (due to your ill health) then you will not be sinful nor answerable in the Court of Allah Ta'aala Insha’Allah.
And Allah Ta'aala knows best
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 21 Jumadal Ula 1440 - English Date: 28 January 2019