Does the worker guarantee what is lost in the workshop?
Machine translationRead the Arabic original
The questioner : I work for a person in the sale of clothing and fabrics, and sometimes some items get lost.
- The students laugh - .
The Shaykh : Keep it covered, guys.
The questioner : And sometimes, for example, some things get lost, a piece of fabric is lost, or a head covering or face veil is lost, and the owner of this shop comes and says you are responsible, and for example he wants to make me pay the price of this thing that was lost, knowing that he sometimes sells with me, and I sell, and sometimes more than one person enters this shop with his permission and consent, so is it permissible for him to make me pay for this thing?
The Shaykh : Within the limits of what you say, it is not permissible, within the limits of what you say. But it is not permissible to judge between two people religiously until we hear from him ..
The questioner : That is it.
The Shaykh : This is it, ohAbu Layla : Defend yourself.
Abu Layla : Of course, my Shaykh, initially this brother made this statement without executing it, meaning I said anything that needs to leave this shop, since you are the one responsible after me, you must bear its responsibility, and the people who enter this shop are young men known to us, from our brothers, from the students of knowledge, and they are, praise be to Allah, trustworthy, as for the selling and buying, this brother sometimes forgets what he sold, but as for me, if I sell something, praise be to Allah, I remember, even if it was a long time ago
The Shaykh : One by one, so that we do not expand too much and forget the details, do you agree to this accusation of forgetting?
The questioner: No.
The Shaykh : A word and it covered it, you do not agree, why do you not forget?
The questioner : I forget as humans forget.
The Shaykh : So you agree, brothers - the students andThe Shaykh : They are laughing - May Allah guide you.
The questioner : But ..
The Shaykh : No, it came again, but but this is a supplementary word, my brother, on what? If you agree that you forget?
The questioner : I forget, yes.
The Shaykh : Not absolutely, meaning he is accusing you now, and I wish all the accusations were of this kind; because between accusing a person’s employee that he forgets and accusing him of betrayal, there is a great difference, so he is accusing you now that you forget, what is your opinion, what is your answer?
The questioner : No, I do not forget.
The Shaykh : You do not forget, why?
The questioner : First, because I sell and immediately after selling I record, secondly: because the selling is not that much, so that I cannot record and forget this or that, so in times of leisure and the atmosphere is quiet like this, this helps everything to remember and not to forget.
The Shaykh : Okay, you have something besides the original, which is that every person forgets, as he (peace and blessings be upon him) said about himself:Sahih al-Bukhari 401 So the truth is that on this basis he forgets and I forget and you forget, but do you have something in addition to this original?
The questioner : Yes, O our Shaykh.
The Shaykh : And he
Abu Layla : A few days ago, at the time of accounting, he collected the money, he asked him about this sale, what is this sale that you sold? He said the truth is I do not know what I sold, but he collected these items that remained from the expenses and put them like this, did it happen or not?
The questioner : You are askingThe Shaykh : Or are you asking about me?
The Shaykh : No problem, meaning he shortened the path, instead of coming to say to me, I ask him, he asked you directly.
The questioner : Meaning, my Shaykh, will you take this statement as evidence?
The Shaykh : What do you want from me -The Shaykh : He laughs and his students - You are now starting to know the Levantine language, you are starting to mix, you say you mix? Do you not say you say? Meaning when you say that I will take it as evidence, it means that you have started to be cautious, meaning,The Shaykh : Now what does he want to equal? You answer this question, did this happen or not?
The questioner : Yes, it happened once.
The Shaykh : Once, is this included in the negated forgetting mentioned earlier or not?
The questioner: Yes.
The Shaykh : So you are being held liable now, is it not permissible for what happens once to happen again?
The questioner: Yes.
The Shaykh : And is it permissible for it to happen many times?
The questioner: Yes.
The Shaykh : So your statement that I do not forget has become a forgotten thing; because you admitted that forgetting happened from you, and this disrupts the performance of your work completely and otherwise.
Abu Layla : It happened once, of course, what I mentioned now and recorded what remained with him, meaning evidence that he collected all the sales, something remained, he said this is the price of a head covering; because what remained with him comes out to the price of a head covering, and it happened a second time and he did not know the thing and nothing was recorded, correct?
The Shaykh : Authentic
The questioner : I did not understand what he said.
The students laugh.
The Shaykh : What is your opinion, shall we shorten the case; because we are not in a court of judgment, but if there is a council, it is a council of fatwa, so I see that it is obligatory for you to pay attention to performing your job completely and perfectly, and it is not permissible for you to hold him liable based on suspicion; because your previous answer, as a response to him, he said and you admitted in return that many people enter us, your answer was that those who enter are from our brothers and the original with them is trust and honesty and so on, so we exclude that theft occurs from them that is attributed to the employee who is with you, this is your claim, in that case, I say it is not befitting for you to hold the employee liable except with decisive evidence, not with doubt, as long as there is room for doubt, meaning that the accusation is lifted from him due to his forgetting, to others who enter the place, in that case, it is not permissible for you to oblige him that you must put the value of this lost thing, except with evidence that leaves no back and forth, this is the solution to the case. Let us see what you have, what you are hiding for us.
- The students laugh - .
The Shaykh : Keep it covered, guys.
The questioner : And sometimes, for example, some things get lost, a piece of fabric is lost, or a head covering or face veil is lost, and the owner of this shop comes and says you are responsible, and for example he wants to make me pay the price of this thing that was lost, knowing that he sometimes sells with me, and I sell, and sometimes more than one person enters this shop with his permission and consent, so is it permissible for him to make me pay for this thing?
The Shaykh : Within the limits of what you say, it is not permissible, within the limits of what you say. But it is not permissible to judge between two people religiously until we hear from him ..
The questioner : That is it.
The Shaykh : This is it, ohAbu Layla : Defend yourself.
Abu Layla : Of course, my Shaykh, initially this brother made this statement without executing it, meaning I said anything that needs to leave this shop, since you are the one responsible after me, you must bear its responsibility, and the people who enter this shop are young men known to us, from our brothers, from the students of knowledge, and they are, praise be to Allah, trustworthy, as for the selling and buying, this brother sometimes forgets what he sold, but as for me, if I sell something, praise be to Allah, I remember, even if it was a long time ago
The Shaykh : One by one, so that we do not expand too much and forget the details, do you agree to this accusation of forgetting?
The questioner: No.
The Shaykh : A word and it covered it, you do not agree, why do you not forget?
The questioner : I forget as humans forget.
The Shaykh : So you agree, brothers - the students andThe Shaykh : They are laughing - May Allah guide you.
The questioner : But ..
The Shaykh : No, it came again, but but this is a supplementary word, my brother, on what? If you agree that you forget?
The questioner : I forget, yes.
The Shaykh : Not absolutely, meaning he is accusing you now, and I wish all the accusations were of this kind; because between accusing a person’s employee that he forgets and accusing him of betrayal, there is a great difference, so he is accusing you now that you forget, what is your opinion, what is your answer?
The questioner : No, I do not forget.
The Shaykh : You do not forget, why?
The questioner : First, because I sell and immediately after selling I record, secondly: because the selling is not that much, so that I cannot record and forget this or that, so in times of leisure and the atmosphere is quiet like this, this helps everything to remember and not to forget.
The Shaykh : Okay, you have something besides the original, which is that every person forgets, as he (peace and blessings be upon him) said about himself:
but I am a human being like you and liable to forget like you. So if I forget remind me
إنما أنا بشر مثلكم أنسى كما تنسون ، فإذا نسيت فذكرونيThe questioner : Yes, O our Shaykh.
The Shaykh : And he
Abu Layla : A few days ago, at the time of accounting, he collected the money, he asked him about this sale, what is this sale that you sold? He said the truth is I do not know what I sold, but he collected these items that remained from the expenses and put them like this, did it happen or not?
The questioner : You are askingThe Shaykh : Or are you asking about me?
The Shaykh : No problem, meaning he shortened the path, instead of coming to say to me, I ask him, he asked you directly.
The questioner : Meaning, my Shaykh, will you take this statement as evidence?
The Shaykh : What do you want from me -The Shaykh : He laughs and his students - You are now starting to know the Levantine language, you are starting to mix, you say you mix? Do you not say you say? Meaning when you say that I will take it as evidence, it means that you have started to be cautious, meaning,The Shaykh : Now what does he want to equal? You answer this question, did this happen or not?
The questioner : Yes, it happened once.
The Shaykh : Once, is this included in the negated forgetting mentioned earlier or not?
The questioner: Yes.
The Shaykh : So you are being held liable now, is it not permissible for what happens once to happen again?
The questioner: Yes.
The Shaykh : And is it permissible for it to happen many times?
The questioner: Yes.
The Shaykh : So your statement that I do not forget has become a forgotten thing; because you admitted that forgetting happened from you, and this disrupts the performance of your work completely and otherwise.
Abu Layla : It happened once, of course, what I mentioned now and recorded what remained with him, meaning evidence that he collected all the sales, something remained, he said this is the price of a head covering; because what remained with him comes out to the price of a head covering, and it happened a second time and he did not know the thing and nothing was recorded, correct?
The Shaykh : Authentic
The questioner : I did not understand what he said.
The students laugh.
The Shaykh : What is your opinion, shall we shorten the case; because we are not in a court of judgment, but if there is a council, it is a council of fatwa, so I see that it is obligatory for you to pay attention to performing your job completely and perfectly, and it is not permissible for you to hold him liable based on suspicion; because your previous answer, as a response to him, he said and you admitted in return that many people enter us, your answer was that those who enter are from our brothers and the original with them is trust and honesty and so on, so we exclude that theft occurs from them that is attributed to the employee who is with you, this is your claim, in that case, I say it is not befitting for you to hold the employee liable except with decisive evidence, not with doubt, as long as there is room for doubt, meaning that the accusation is lifted from him due to his forgetting, to others who enter the place, in that case, it is not permissible for you to oblige him that you must put the value of this lost thing, except with evidence that leaves no back and forth, this is the solution to the case. Let us see what you have, what you are hiding for us.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.