Minor Liable For Damage

Question

A na-baaligh child used to pick off beads from clothing in a shop without the mother’s knowledge. It was recently learned that though there was no sin on the child, the damage should be recompensed.

a) How would the value be calculated today, as this happened many years ago?

b) To whom should it be paid, as it is not known which shop it was? She only remembers that it was a chain store.

Mufti Ahmed Saeed · Accepted Answer

An immature child (na-baaligh) is not obligated in Shariah. If he performs acts of virtue, he will be rewarded. If he commits an act of sin, he will not be held responsible. However, Shariah has emphasized the sanctity of people’s wealth. The Fuqaha have ruled that if the action of a child has caused damage to someone’s property, the guardian of the child will be responsible on behalf of the child to compensate for the damage. In the queried scenario, if a person stole money during his childhood and it was not been compensated by his guardian, he should compensate for it after becoming an adult.

If one stole someone’s money and the owner cannot be located, he should give the money to his heirs. If the heirs cannot be located, then the money should be given in Sadaqah on behalf of the owner. (RE:Fatawaa Mahmoodiya Vol:26 Pg:46)

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