A man parked a cart in a cemetery, and another man destroyed it unintentionally. Is the one who destroyed it required to replace it with another?
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. A man parked a cart in a cemetery, and another man destroyed it unintentionally. Is the one who destroyed it required to replace it with another?
The Shaykh:
Yes, he is required to replace it with another and guarantee it, because it is property, and when property is destroyed, the one who destroyed it is liable for it.
The questioner:
He says: And what if he destroyed it without negligence?
The Shaykh:
Even if it were property, we do not look at intention in it. Property is guaranteed in all cases; we do not look at intention in it. Yes.
He says: Honorable Shaykh, may Allah grant you success. A man parked a cart in a cemetery, and another man destroyed it unintentionally. Is the one who destroyed it required to replace it with another?
The Shaykh:
Yes, he is required to replace it with another and guarantee it, because it is property, and when property is destroyed, the one who destroyed it is liable for it.
The questioner:
He says: And what if he destroyed it without negligence?
The Shaykh:
Even if it were property, we do not look at intention in it. Property is guaranteed in all cases; we do not look at intention in it. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [842 -858] رجل أوقف في مقبرة عربة فأتلفها رجل بغير قصد، هل يلزم المتلف أن يأتي بغيرها؟ — youtube.com
The Arabic text is a machine transcription of the audio recording.