Question 247: If a repairman breaks or damages a part of a device while repairing it, is he liable?

342 13 Feb 2021
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✅Answer: Please pay attention to the following narrations:

1 أَبِي عَبْدِ اللَّهِ قَالَ: سُئِلَ عَنِ الْقَصَّارِ يُفْسِدُ فَقَالَ كُلُّ أَجِيرٍ يُعْطَى الْأُجْرَةَ عَلَى أَنْ يُصْلِحَ فَيُفْسِدُ فَهُوَ ضَامِنٌ

📚 Kafi Vol. 5, p. 241

It was asked of Imam al-Sadiq (peace be upon him) about a person who washes clothes and (then) ruins and spoils them; the Imam said: Every hired worker who is paid to perform a repair (to fix and mend something) and ruins and spoils it, is liable.

2 أَبِي عَبْدِ اللَّهِ قَالَ: سَأَلْتُهُ عَنِ الثَّوْبِ أَدْفَعُهُ إِلَى الْقَصَّارِ فَيَخْرِقُهُ قَالَ أَغْرِمْهُ فَإِنَّكَ إِنَّمَا دَفَعْتَهُ إِلَيْهِ لِيُصْلِحَهُ وَ لَمْ تَدْفَعْ إِلَيْهِ لِيُفْسِدَهُ.

📚 Kafi Vol. 5, p. 242

Isma'il said: I asked Imam al-Sadiq (peace be upon him) about a garment that I give to a launderer (to wash), and he tears it; the Imam said: Make him liable and indebted, for you have given him the garment to fix it, not to ruin and spoil it.

3 عَنْ أَبِي عَبْدِ اللَّهِ أَنَّ أَمِيرَ الْمُؤْمِنِينَ رُفِعَ إِلَيْهِ رَجُلٌ اسْتَأْجَرَ رَجُلًا يُصْلِحُ بَابَهُ فَضَرَبَ الْمِسْمَارَ فَانْصَدَعَ الْبَابُ فَضَمَّنَهُ أَمِيرُ الْمُؤْمِنِين

📚 Kafi Vol. 5, p. 243

Translation: Imam al-Sadiq (peace be upon him) said: A man came to the Commander of the Faithful (peace be upon him) who had hired a person to fix and mend his door, and he had hammered a nail and as a result, the door had been split. The Commander of the Faithful (peace be upon him) considered that man liable and indebted.

4 عَنْ أَبِي عَبْدِ اللَّه فِي الرَّجُلِ يُعْطَى الثَّوْبَ لِيَصْبَغَهُ فَيُفْسِدُهُ فَقَالَ كُلُّ عَامِلٍ أَعْطَيْتَهُ أَجْراً عَلَى أَنْ يُصْلِحَ فَأَفْسَدَ فَهُوَ ضَامِنٌ.

📚 Al-Faqih Vol. 3, p. 253

Translation: Imam al-Sadiq (peace be upon him) said about a man who is given a garment to dye but he ruins it: Every worker whom you pay a wage to fix something but he ruins and spoils it, is liable.

✅ According to the above narrations, which state a general principle, repairmen who take an item for repair are liable and indebted if they cause any damage to it. This means they are obligated to pay the owner of the item for the damages incurred. For example, a car repairman sets a specific fee to replace a part, and while removing that part, he damages or destroys the adjacent part. According to the above principle, this repairman is responsible for paying for the damage. Therefore, car repairmen, mobile phone repairmen, home appliance repairmen, and others, must be careful and trustworthy, and if they damage an item that is entrusted to them, they should fear Allah and fix it with their own money, and they should not take it from the owner of the device as an incurred cost.

✅ Also, pay attention to the following narration:

5 أَبِي عَبْدِ اللَّهِ قَالَ: كَانَ عَلِيٌّ يُضَمِّنُ الْقَصَّارَ وَ الصَّائِغَ يَحْتَاطُ بِهِ عَلَى أَمْوَالِ النَّاسِ وَ كَانَ أَبُو جَعْفَرٍ يَتَفَضَّلُ عَلَيْهِ إِذَا كَانَ مَأْمُوناً

📚 Tahdhib Vol. 7, p. 220

Translation: Imam al-Sadiq (peace be upon him) said: Ali (peace be upon him) considered the launderer and the dyer liable for the protection and preservation of people's property, and Imam al-Baqir (peace be upon him) would show kindness towards them (and would not hold them liable for damages) if they were trustworthy and reliable.

✅ According to the above narration, although the repairman is liable, by following the tradition of Imam al-Baqir (peace be upon him), it is good to show kindness to the worker if he is trustworthy and reliable and not hold him liable. However, this depends on the decision of the owner of the item and is not mandatory. Therefore, all those who get paid to fix something must exercise the utmost care and goodwill, and if any damage is caused to the item by their hands, they should know that they themselves are liable for it and should not pass it on to the owner of the item.

A hired worker's liability for causing damage

A repairman's liability for causing damage

Continuation of question 247

✅ According to the above principle, doctors and the like are also liable as they are workers who are paid to perform medical treatment or surgery, unless:

6 عن أَبِي عَبْدِ اللَّهِ قَالَ: قَالَ أَمِيرُ الْمُؤْمِنِينَ مَنْ تَطَبَّبَ أَوْ تَبَيْطَرَ فَلْيَأْخُذِ الْبَرَاءَةَ مِنْ وَلِيِّهِ وَ إِلَّا فَهُوَ لَهُ ضَامِنٌ

📚 Kafi Vol. 7, p. 364

Translation:

Imam al-Sadiq (peace be upon him) said: The Commander of the Faithful (peace be upon him) said: Whoever performs a medical treatment on a human or an animal must obtain a clearance from his guardian, otherwise he is liable.

A doctor's liability unless he obtains a clearance!

✅ Common events like fire, theft, or flood have a separate ruling that can be provided upon request.