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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Guarantee of the Shared Worker

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Question:
I said, O Shaykh, and I read in *Al-Budaynah* that you mentioned—may Allah lie with you—that the shared worker is not liable for guarantee except in cases of transgression. So how do you explain the author’s (may Allah have mercy on him) statement: “And the tailor and the dyer are liable for guarantee, and they are counted among those who accept the trust, if they acknowledge their work, unlike those who acknowledge what is from their party”?

Answer:
[He is liable] if he destroyed [the item] through his work in which he transgressed. As for if the work was done according to custom, done according to custom, then he is not liable for guarantee, because he was authorized to do this work. And what results from what is authorized is not unauthorized. He was authorized to do this work, and it was destroyed because of it, and he did not transgress; it was done according to custom, so he has no guarantee liability. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 30 من 89|شرح العدة في شرح العمدة|الإجارة|باب الغصب|صالح الفوزان|الفقه|كبار العلماء — youtube.com (54:45)

The Arabic text is a machine transcription of the audio recording.

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