Liability upon destruction of premises due to fire
Category:
Business Dealings & Money Matters
According to Madhhab:
Hanafi
Reference:
1440-122
Question:
Assalamualaikom
Mufti, we had a fire at our business the cause of the fire is unknown. It
started at a premise we sublet to a friend of ours,and then spread and
destroyed the goods in our warehouse and damaged the building. Alhamdolillah
approximately after a month we restarted our business. However we are in debt.
Our suppliers Alhamdolillah gave us time, one supplier 12 months and the other
2 longer periods to settle our debts. 1.Is it our shariah duty to pay for the
stock that was destroyed due to fire that was beyond our control. 2.I am very
concerned that if I pass away before I pay my debts what will my condition be
in the akhira. 3.I have a house that if I can get a buyer and sell it, am I
obligated to sell it to settle my debts. 4.What is my friends whose shop where
the fire began, financial obligations to me.
Mufti, we had a fire at our business the cause of the fire is unknown. It
started at a premise we sublet to a friend of ours,and then spread and
destroyed the goods in our warehouse and damaged the building. Alhamdolillah
approximately after a month we restarted our business. However we are in debt.
Our suppliers Alhamdolillah gave us time, one supplier 12 months and the other
2 longer periods to settle our debts. 1.Is it our shariah duty to pay for the
stock that was destroyed due to fire that was beyond our control. 2.I am very
concerned that if I pass away before I pay my debts what will my condition be
in the akhira. 3.I have a house that if I can get a buyer and sell it, am I
obligated to sell it to settle my debts. 4.What is my friends whose shop where
the fire began, financial obligations to me.
Answer:
Firstly, we make Dua to Allah Ta'aala to alleviate all your difficulties and problems and grant you abundance of Halaal, pure sustenance that is filled with Barakah by which you may be able to easily settle your debts. Ameen.
(1). You will be responsible for the outstanding payment of the goods which you had purchased from the supplier which was destroyed in your warehouse even though you had not initiated the fire and the damage caused by the fire was beyond your control.
(2/3). Alhamdulillah, you have a freehold house in which you are currently residing. There is no need to sell the premises at this stage since the creditors have afforded you time and grace to settle their accounts. You should inform them that in the event of you passing away before settling their debts in full, your assets will be sold and after settling burial expenses all the creditors will be paid from the funds. If there happens to be any shortfall in settling the creditors (at that stage) due to lack of funds then you request them to forgive you. Due to your sincerity and concern, we hope that they will overlook the shortfall at that stage Insha’Allah (if such a situation has to arise).
(4). As the cause of the fire is unknown, it is very unlikely that your friend started the fire deliberately or that there was negligence on his part. Your friend cannot hence be held responsible for any damages to your property or goods.
فَ قَدْ قَالَ يفِ جَايميع الْفُصُولَ يْ : أَوْقَدَ نََرًا يفِ أَرْضٍ بيلََ إذْ ي ن الْمَالي ي ك ضَيمنَ مَا أَحْرَقَ تْهُ يفِ مَكَان أُوقيدَتْ فيييه لََ مَا أَحْرَقَ تْهُ يفِ مَكَان آخَرَ تَ عَدَّتْ إلَيْيه ، وَفَ رَّقَ بَيَْْ الْمَايء وَالنَّاير ، فَيإنَّهُ لَوْ أَسَالَ الْمَاءَ إلََ يملْ ي كيه فَسَالَ إلََ أَرْ ي ض غَ يْ يْهي وَأَتْ لَفَ شَيْ ئًا ثََةََّ ضَيمنَ ، يي بلََ ي ف النَّاير إذْ طَبْعُ النَّاير الُْْمُودُ ، وَالتَّ عَ ي دي يَكُونُ بييفعْيل ال يري ي ح وَنََْيوهي فَ لَمْ يُضَفْ إلََ فيعْيل الْمُ وقي ي د فَ لَمْ يَضْمَنْ وَيمنْ طَبْيع الْمَايء السَّيَلََنُ فَا يْ لْتْلََفُ يُضَافُ إلََ فيعْلييه ا ه فَ تَدَب رَّْ رَمْلي ي )رد المحتار ص 88 ج 6 .)
AND ALLAH TA’ALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 19 Safar 1440 Darul Ifta Azaadville English Date: 29 October 2018