Goods of Amaanat stolen from a vehicle with a broken lock

Question:-

I transport kids to school. Some children keep their Madrasah bag in my kombi when I drop them off at school. The lock of the kombi was damaged which resulted in thieves getting in, who then stole the bags. Am I responsible?

Answer:-

The Fuqaha have cited the following scenarios in the Kitaabs of Fiqh:

خرج المودع و ترك بابا مفتوحا، ضمن لو لم يكن في الدار احد و لم يكن المودع في مكان يسمع حسّ الداخل) شرح المجلّة 3/ 255)

If the one entrusted with an item of Amaanat goes out and leaves the door open then he will be responsible if there was no one in the house and the entrusted person was not in such a place where he could hear the footsteps of the one entering (the premises).

Another scenario recorded by the jurists is as follows:

خرج الى الجمعة و ترك باب حانوته مفتوحا و اجلس بباب الدكان ابنا صغيرا له، لو كان الصبي يعقل الحفظ برأ و الا ضمن ( شرح المجلّة 3/ 256)

A person left for Jumuah Salaah leaving the door of his shop open. He made his small son sit at the door of the shop; now if the child understands or knows how to protect the goods in the shop, then he (the owner) will be absolved of his responsibility otherwise, he will be responsible.

Based on the above texts of the jurists we conclude that, the motor vehicle was not protected since the lock was damaged hence, it was incorrect to keep goods of Amaanat in an unprotected vehicle, until the lock was repaired and the vehicle returned to a condition of safety. You will, therefore, be liable for the goods stolen from the vehicle.

ALLAH TA’ALA KNOW BEST!

ANSWERED BY:-

Maulana Abdul Kader Fazlani

Date: 10 Jumadal Ula 1444 / 05 December 2022

CHECKED AND APPROVED BY:-

Mufti Mohammed Desai