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[A Man Who Rented Gas Cylinders and They Were Burned]

Mufti:
Alsayyed Muhammad b. Abdallah Awad Al-Muayyady
تاريخ النشر:
Fatwa number: 21647
Number of views: 1
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[A Man Who Rented Gas Cylinders and They Were Burned]
Fatwa number: 21647
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Question

Question: A man rented gas cylinders in order to transport gas in them from Ma’rib to Ṣa‘dah during wartime, and the owner of the cylinders was aware of the dangers that occur along the route. The rented cylinders then came under gunfire on the road; the cylinders were burned, and the transport truck with its contents was also burned. What is due from the lessee with respect to the cylinders?

Answer

Answer — and Allah is the Guardian of success: The lessee does not bear liability for what he rented except in two cases:
1– That the lessor stipulates liability upon the lessee; if he stipulates liability, then the lessee is liable.
2– That the prevailing custom is that the lessee guarantees what he rented; this functions as a stipulation.
This applies so long as there was no negligence or wrongful act by the lessee. If any negligence or wrongful act occurred from him, he is liable in all cases, whether or not liability was stipulated upon him.
Traveling with the cylinders along the mentioned route is not deemed a wrongful act or negligence, given that the owner knew of the danger on that route and consented to his cylinders traveling along it; for the lessee rented them specifically to travel by that route.
Source: Min Thimār al-ʿIlm wa al-Ḥikmah vol.2

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