What is the ruling on money received as compensation for a car accident when the car was repaired for free by a third party?
Machine translationRead the Arabic original
The questioner : Peace be upon you.
The Shaykh : And upon you be peace.
The questioner : How are you, Honorable Shaykh?
The Shaykh : Praise be to Allah.
The questioner : Honorable Shaykh, I was involved in a car accident where someone else made a mistake, meaning someone erred against me. I assessed the cost of the repairs, but then, Honorable Shaykh, a person, without my knowledge, repaired the car. So I took the money that was assessed for the repairs. Then, after that, a person repaired the car without my knowledge. So, regarding the money I took, which I intended to use to repair the car, should I return the money to the person?
The Shaykh : As long as the money you took was equal to the amount of the damage and did not exceed it, how so? It did not exceed the damage.
The questioner : No, it did not exceed it. No, it did not exceed it. They, the traffic department, told me to go and assess the cost. The cost was assessed by workshops, and then I took the money from the man. But a third party repaired the car without my knowledge and without any money.
The Shaykh : But did he repair it on behalf of the guarantor or on behalf of the other party?
The questioner : On my behalf. I did not agree to it, but he repaired it. So should I return the money?
The Shaykh : No, you do not return it, because he repaired it to carry out the obligation, not on behalf of the other party.
The questioner : He repaired it on behalf of…
The Shaykh : On your behalf, not on behalf of the man. Therefore, you are not required to return it.
The questioner : Meaning, I did not return it.
The Shaykh : No, because, as I told you, he repaired it on your behalf.
The questioner : Yes.
The Shaykh : And upon you be peace.
The questioner : How are you, Honorable Shaykh?
The Shaykh : Praise be to Allah.
The questioner : Honorable Shaykh, I was involved in a car accident where someone else made a mistake, meaning someone erred against me. I assessed the cost of the repairs, but then, Honorable Shaykh, a person, without my knowledge, repaired the car. So I took the money that was assessed for the repairs. Then, after that, a person repaired the car without my knowledge. So, regarding the money I took, which I intended to use to repair the car, should I return the money to the person?
The Shaykh : As long as the money you took was equal to the amount of the damage and did not exceed it, how so? It did not exceed the damage.
The questioner : No, it did not exceed it. No, it did not exceed it. They, the traffic department, told me to go and assess the cost. The cost was assessed by workshops, and then I took the money from the man. But a third party repaired the car without my knowledge and without any money.
The Shaykh : But did he repair it on behalf of the guarantor or on behalf of the other party?
The questioner : On my behalf. I did not agree to it, but he repaired it. So should I return the money?
The Shaykh : No, you do not return it, because he repaired it to carry out the obligation, not on behalf of the other party.
The questioner : He repaired it on behalf of…
The Shaykh : On your behalf, not on behalf of the man. Therefore, you are not required to return it.
The questioner : Meaning, I did not return it.
The Shaykh : No, because, as I told you, he repaired it on your behalf.
The questioner : Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 1930- من صار معه حادث وتضررت سيارته واخذ تعويض ثم اصلحها طرف ثالث مجاناً ما حكم هذا المال — youtube.com
The Arabic text is a machine transcription of the audio recording.