Question
A Muslim brother entered a clothing store with a packet of goods (clothing) in his hand worth R510 which he bought from another store. As he entered, he asked a worker of the store where he may leave his parcel. The worker said that he should leave it on the floor and showed him a corner to leave his packet. He then went in the store and the worker was showing him the clothes, sizes, etc. When he returned, he saw his parcel/packet of the clothing was missing. Is the store responsible? Is the worker responsible? Or is it the customer's own loss?
Answer
The worker is the wakeel of the store. He instructed the customer to place his parcel in an unprotected spot, hence the store is liable to pay the customer for the loss.
If the worker had acted negligently, then the store can ask him to pay. But if the worker's act was in terms of the policy of the store, then he may not be held liable.
The customer is not liable because he had assumed that the spot was a safe place to put his amaanat. He assigned it to the custody and care of the store.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 25 No 05
- PDF page
- 3
Appears under BUKHAARI KHATAM (approximate).