If a person buys firewood and agrees with the seller that he will transport it to the house in his car, but the car breaks down, is it permissible for the buyer to deduct something from the price?
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The questioner : If a person buys firewood and stipulates with the seller that he will transport it to the house in his car, but the car breaks down, is it permissible for the buyer to deduct something from the price of the firewood in exchange for not transporting the firewood by car?
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, his Companions, and those who follow them in excellence until the Day of Judgment. If a man buys a load of firewood from a person and stipulates with the seller that he will carry it to his house, but the car breaks down so he cannot, then the buyer may deduct from the seller the amount he lost from the transport of the firewood, because the seller has committed to it, and it is known that by his commitment to it, the value of the firewood would increase.
The questioner : Yes.
The Shaykh : So if the seller does not fulfill what was stipulated for him, then the buyer may deduct the amount he lost from this stipulation. But I see, by way of advice and counsel, that if the failure to deliver the firewood to the buyer's house was not by the seller's choice, then he should not deduct anything from the price, because this person is excused.
The questioner : Correct.
The Shaykh : And a person should have generosity and kindness toward his brothers. Yes.
The questioner : May Allah reward you. The female questioner T.M.R. says, on the day...
The Shaykh : But tell me: if the seller...
The questioner : Yes.
The Shaykh : When the car broke down and the buyer said, "We must deduct from the price the amount we lost," and he said, "I will hire a car and deliver it," in this case, the buyer may not deduct anything. Yes.
The questioner : The female questioner T.M.R. says.
The Shaykh : Praise be to Allah, Lord of the worlds, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, his Companions, and those who follow them in excellence until the Day of Judgment. If a man buys a load of firewood from a person and stipulates with the seller that he will carry it to his house, but the car breaks down so he cannot, then the buyer may deduct from the seller the amount he lost from the transport of the firewood, because the seller has committed to it, and it is known that by his commitment to it, the value of the firewood would increase.
The questioner : Yes.
The Shaykh : So if the seller does not fulfill what was stipulated for him, then the buyer may deduct the amount he lost from this stipulation. But I see, by way of advice and counsel, that if the failure to deliver the firewood to the buyer's house was not by the seller's choice, then he should not deduct anything from the price, because this person is excused.
The questioner : Correct.
The Shaykh : And a person should have generosity and kindness toward his brothers. Yes.
The questioner : May Allah reward you. The female questioner T.M.R. says, on the day...
The Shaykh : But tell me: if the seller...
The questioner : Yes.
The Shaykh : When the car broke down and the buyer said, "We must deduct from the price the amount we lost," and he said, "I will hire a car and deliver it," in this case, the buyer may not deduct anything. Yes.
The questioner : The female questioner T.M.R. says.