If a fire breaks out in a house because a child lit a match he found in the living room, and it appears his father had left that match there, does the father bear responsibility for what was damaged by the fire?
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Abu Layla : Naturally, this brother asked you a question, but let the brothers proceed, meaning we have a message about the house that burned down, Shaykh.
The Shaykh : How?
Abu Layla : The house that burned down, we asked you about it.
The Shaykh : Yes, yes, yes.
Abu Layla : So, he called us more than twenty times about this matter, so I said,The Shaykh : There are some matters with him before I give you
Ali: Questions and inquiries.
The Shaykh : Are you living in the house?
The questioner : Yes.
The Shaykh : Okay, tell us.
Abu Layla : Come here to the
The Shaykh : Tell us how the story happened.
The questioner : We were living in a house before this one. We had neighbors who are now living where we are. After we moved to the new house, they came to visit us, but neither their father nor their mother came with them.
The Shaykh : is it
The questioner : Did the children come on their own with their mother’s and father’s permission? Except for three of them, as you know, their father is a judge, two judges, two judges, and he has approximately thirteen children.
The Shaykh : What Allah willed.
The questioner : Yes, so the oldest boy came, and the ten others came to our house as well.
The Shaykh : Ten?
The questioner : Yes, the ten, and neither the father nor the mother came with them.
The Shaykh: Yes
The questioner : And he had consulted about the seven, seven of them, and three small ones who are under seven years old. He did not consult their parents about them, meaning they went out without their parents’ knowledge. One of the small children, who is under seven, went and picked up a match from the living room. There was a match in the living room, and he went, meaning we were not watching him, correct? He went to my mother and father’s room and set fire to the money and clothes until the fire broke out and spread to the other rooms. The total loss is estimated at 16,000 Jordanian dinars.
The Shaykh : Allahu Akbar.
The questioner : Yes, because the room contained 15,000 dollars, 765 Jordanian dinars, and 1,300 Kuwaiti dinars, and with the losses that occurred in the bedroom, clothes, and so on, it was estimated at 16,000, between 16,000 and 18,000.
The Shaykh : Who is in your house?
The questioner : I mean, the number of family members? Eight: me, my mother, my father, and six children, the youngest being nine years old.
The Shaykh : The youngest is nine?
The questioner : Yes, and the oldest is 24.
The Shaykh : Ah, and how many of the neighbor’s children were there? You said the ones who came to you?
The questioner : Ten who are small, and their older brother with them.
The Shaykh : How old is he?
The questioner : 19
The Shaykh : And upon you be peace
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : Welcome, in the protection of Allah. We entrust you to Allah, your religion, your trust, and the endings of your deeds. May Allah make things easy for you. When you arrive, call us.
Another questioner : If Allah wills.
The Shaykh : By phone.
Another questioner : If Allah wills.
The Shaykh : Reassure us of your safe arrival and greet the brothers. And peace be upon you. Yes?
The questioner : And the brother who is our neighbor offered us, saying, “I will cover all the damages.” So my father said, to avoid burden, we will judge according to the Shari'ah in that matter. So they chose you. The neighbor is a doctor at the university, Yusuf Mahsiri, a doctor in the physics department, and my father is Uthman Abd al-Karim... So they said, meaningThe Shaykh : Al-Albani
The Shaykh : The neighbor is a doctor at the university.
The questioner : Yes, Yusuf.
The Shaykh : And he is religious?
The questioner : By Allah, praise be to Allah, he is a man who is not bad.
The Shaykh : ... for prayer.
The questioner : Yes.
The Shaykh : ...
The questioner : What Allah willed.
The Shaykh : What Allah willed, and the father is also, if Allah wills?
The questioner : Yes, yes.
The Shaykh : Praise be to Allah. Yes, how old is the father?
The questioner : The father is 54.
The Shaykh : And that one?
The questioner : That one, Allah knows best, I do not know the age, but estimate him to be 45 or older.
The Shaykh : Does that one have a beard?
The questioner : No, he does not have a beard, and my father also does not have a beard.
The Shaykh : And your father?
The questioner : Yes.
The Shaykh : The match, you told me where it was?
The questioner : How?
The Shaykh : The match the boy used, where was it?
The questioner : In the living room.
The Shaykh : In the living room.
The questioner : Yes, first of all, we were at our place, meaning...
The Shaykh : But, but in the living room.
The questioner : Yes.
The Shaykh : It appears that you smoke?
The questioner : Yes, my father, the father.
The Shaykh : Ah, from here you lose the battle, meaning, for example, if a person puts a gun on the table
The questioner : Yes.
The Shaykh : And the boy plays with it, who remains responsible?
Ali: The one who put the gun there. Be strong...
The Shaykh : And so I told our friend that I want to know the details.
The questioner : Yes.
The Shaykh : If the boy went to the kitchen
Ali: Subhan Allah, the place of the match...
The Shaykh : Ah, and he took the match and messed with it, and so on, we might say that this kind man, the doctor at the university, must fulfill his promise. But I truly do not feel reassured by such an answer, as long as the match is on the table within the reach of anyone, whether big or small. Please.
The questioner : A small comment. I think I told Brother Ali before this that we were not sure if it was from the kitchen or not. But after we finished talking with you, we called the family themselves and asked the boy himself. They asked him, “Where did you pick up the match?” The boy is three and a half years old. They asked him, “Where did you pick up the match?” He told them, “From the living room.” And this is close to the truth, because the father was sitting in the living room.
The Shaykh : That is not the problem.
The questioner : I was awake...
The Shaykh : Even if he was not sitting there, it is enough for someone like me to be confused in the ruling, that you say, “We distribute cigarettes to the guests, so we put an ashtray, what do you call it?”
Ali: Ashtray, yes.
The Shaykh : Ashtray and match, to prepare for the sin for the honorable guests.
Ali: Glory be to Allah
The Shaykh : So I say now
The questioner : Please go ahead.
The Shaykh : In the end, if you reach a settlement and the man gives you something out of his own kindness, and this is not your right, then as long as it is out of his own kindness, it is permissible, otherwise it is not.
The questioner : Okay.
The Shaykh : Please go ahead.
The questioner : Knowing that the family themselves admitted it and said that indeed the oldest boy took the three small children, as I mentioned earlier, that I said he took the three small children who are under seven, correct, without the knowledge of the father and mother. And they came and scolded us in front of us, saying, “How can you take these three without our knowledge?” And the boy who started the fire was among them.
The Shaykh : This does not change the ruling.
The questioner : So now the ruling is settlement.
The Shaykh : Yes, exactly.
The questioner : And that he... himself, and is not obligated to this thing.
The Shaykh : Yes, exactly.
The questioner : That it does not come from his own will, meaning.
The Shaykh : Yes, exactly.
The questioner : May Allah reward you with good, Shaykh.
The Shaykh: And you too
Another questioner : We ask your permission, O my Shaykh.
The Shaykh : Welcome.
Another questioner : Peace be upon you
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
The Shaykh : How?
Abu Layla : The house that burned down, we asked you about it.
The Shaykh : Yes, yes, yes.
Abu Layla : So, he called us more than twenty times about this matter, so I said,The Shaykh : There are some matters with him before I give you
Ali: Questions and inquiries.
The Shaykh : Are you living in the house?
The questioner : Yes.
The Shaykh : Okay, tell us.
Abu Layla : Come here to the
The Shaykh : Tell us how the story happened.
The questioner : We were living in a house before this one. We had neighbors who are now living where we are. After we moved to the new house, they came to visit us, but neither their father nor their mother came with them.
The Shaykh : is it
The questioner : Did the children come on their own with their mother’s and father’s permission? Except for three of them, as you know, their father is a judge, two judges, two judges, and he has approximately thirteen children.
The Shaykh : What Allah willed.
The questioner : Yes, so the oldest boy came, and the ten others came to our house as well.
The Shaykh : Ten?
The questioner : Yes, the ten, and neither the father nor the mother came with them.
The Shaykh: Yes
The questioner : And he had consulted about the seven, seven of them, and three small ones who are under seven years old. He did not consult their parents about them, meaning they went out without their parents’ knowledge. One of the small children, who is under seven, went and picked up a match from the living room. There was a match in the living room, and he went, meaning we were not watching him, correct? He went to my mother and father’s room and set fire to the money and clothes until the fire broke out and spread to the other rooms. The total loss is estimated at 16,000 Jordanian dinars.
The Shaykh : Allahu Akbar.
The questioner : Yes, because the room contained 15,000 dollars, 765 Jordanian dinars, and 1,300 Kuwaiti dinars, and with the losses that occurred in the bedroom, clothes, and so on, it was estimated at 16,000, between 16,000 and 18,000.
The Shaykh : Who is in your house?
The questioner : I mean, the number of family members? Eight: me, my mother, my father, and six children, the youngest being nine years old.
The Shaykh : The youngest is nine?
The questioner : Yes, and the oldest is 24.
The Shaykh : Ah, and how many of the neighbor’s children were there? You said the ones who came to you?
The questioner : Ten who are small, and their older brother with them.
The Shaykh : How old is he?
The questioner : 19
The Shaykh : And upon you be peace
The questioner : And upon you be peace, and the mercy of Allah and His blessings.
The Shaykh : Welcome, in the protection of Allah. We entrust you to Allah, your religion, your trust, and the endings of your deeds. May Allah make things easy for you. When you arrive, call us.
Another questioner : If Allah wills.
The Shaykh : By phone.
Another questioner : If Allah wills.
The Shaykh : Reassure us of your safe arrival and greet the brothers. And peace be upon you. Yes?
The questioner : And the brother who is our neighbor offered us, saying, “I will cover all the damages.” So my father said, to avoid burden, we will judge according to the Shari'ah in that matter. So they chose you. The neighbor is a doctor at the university, Yusuf Mahsiri, a doctor in the physics department, and my father is Uthman Abd al-Karim... So they said, meaningThe Shaykh : Al-Albani
The Shaykh : The neighbor is a doctor at the university.
The questioner : Yes, Yusuf.
The Shaykh : And he is religious?
The questioner : By Allah, praise be to Allah, he is a man who is not bad.
The Shaykh : ... for prayer.
The questioner : Yes.
The Shaykh : ...
The questioner : What Allah willed.
The Shaykh : What Allah willed, and the father is also, if Allah wills?
The questioner : Yes, yes.
The Shaykh : Praise be to Allah. Yes, how old is the father?
The questioner : The father is 54.
The Shaykh : And that one?
The questioner : That one, Allah knows best, I do not know the age, but estimate him to be 45 or older.
The Shaykh : Does that one have a beard?
The questioner : No, he does not have a beard, and my father also does not have a beard.
The Shaykh : And your father?
The questioner : Yes.
The Shaykh : The match, you told me where it was?
The questioner : How?
The Shaykh : The match the boy used, where was it?
The questioner : In the living room.
The Shaykh : In the living room.
The questioner : Yes, first of all, we were at our place, meaning...
The Shaykh : But, but in the living room.
The questioner : Yes.
The Shaykh : It appears that you smoke?
The questioner : Yes, my father, the father.
The Shaykh : Ah, from here you lose the battle, meaning, for example, if a person puts a gun on the table
The questioner : Yes.
The Shaykh : And the boy plays with it, who remains responsible?
Ali: The one who put the gun there. Be strong...
The Shaykh : And so I told our friend that I want to know the details.
The questioner : Yes.
The Shaykh : If the boy went to the kitchen
Ali: Subhan Allah, the place of the match...
The Shaykh : Ah, and he took the match and messed with it, and so on, we might say that this kind man, the doctor at the university, must fulfill his promise. But I truly do not feel reassured by such an answer, as long as the match is on the table within the reach of anyone, whether big or small. Please.
The questioner : A small comment. I think I told Brother Ali before this that we were not sure if it was from the kitchen or not. But after we finished talking with you, we called the family themselves and asked the boy himself. They asked him, “Where did you pick up the match?” The boy is three and a half years old. They asked him, “Where did you pick up the match?” He told them, “From the living room.” And this is close to the truth, because the father was sitting in the living room.
The Shaykh : That is not the problem.
The questioner : I was awake...
The Shaykh : Even if he was not sitting there, it is enough for someone like me to be confused in the ruling, that you say, “We distribute cigarettes to the guests, so we put an ashtray, what do you call it?”
Ali: Ashtray, yes.
The Shaykh : Ashtray and match, to prepare for the sin for the honorable guests.
Ali: Glory be to Allah
The Shaykh : So I say now
The questioner : Please go ahead.
The Shaykh : In the end, if you reach a settlement and the man gives you something out of his own kindness, and this is not your right, then as long as it is out of his own kindness, it is permissible, otherwise it is not.
The questioner : Okay.
The Shaykh : Please go ahead.
The questioner : Knowing that the family themselves admitted it and said that indeed the oldest boy took the three small children, as I mentioned earlier, that I said he took the three small children who are under seven, correct, without the knowledge of the father and mother. And they came and scolded us in front of us, saying, “How can you take these three without our knowledge?” And the boy who started the fire was among them.
The Shaykh : This does not change the ruling.
The questioner : So now the ruling is settlement.
The Shaykh : Yes, exactly.
The questioner : And that he... himself, and is not obligated to this thing.
The Shaykh : Yes, exactly.
The questioner : That it does not come from his own will, meaning.
The Shaykh : Yes, exactly.
The questioner : May Allah reward you with good, Shaykh.
The Shaykh: And you too
Another questioner : We ask your permission, O my Shaykh.
The Shaykh : Welcome.
Another questioner : Peace be upon you
The Shaykh : Peace be upon you, and Allah's mercy and blessings.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.