Salesperson exchanging item against store policy

29-12-2017 | IslamWeb

Question:

Assalaamu alaykum wa rahmatullaahi wa barakaatuhu, Shaykhs. In answer to my question that is stated in your fatwa No. 341797: what I am asked to do is impossible for me now, as that deal happened while I was in that land, but now I am in Makkah, and I have permanently migrated from that land since the end of February. In addition, that piece of cloth is now already stitched and being used by me. Hence, it is impossible in every way. Please advise on whether I am required to do anything or if seeking Allah's forgiveness is sufficient? May Allah reward you, Shaykhs.

Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

The salesperson is responsible for what happened, as he agreed to the exchange. If we presume that he was not at all given permission (by the shop owner) to do so and he acted out of his own will, and it is not possible to go back to him now and find out whether or not the owner had given him permission, and it is not possible to return the piece of cloth because it is used, and it is not possible to reach him, then there is no harm on you to benefit from it in return for your right with him, which is the price of the first piece if the price of the two pieces is the same. However, if the piece that you took is more expensive than the first piece, then you have to give the difference in price in charity while intending the reward for the shop owner, if you cannot deliver that difference to him.

Allah knows best.

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