Paying for the repair work done to one’s phone
Question
About three years ago, I sent my phone for repairs. When I went to fetch it, they told me that they could not repair it, so I did not pay them. However, when I tried the phone, it worked. Do I now need to pay them?
Answer
If the phone remained by them and they did not attempt to fix it, then they are not entitled to receive any fee. However, if they repaired it but were under the impression that the phone was not working, and you found the phone to be working, then in this case, they will be entitled to the fee. You should inform them that the phone was working after you fetched it and you should pay them whatever is due to them.
And Allah Ta'ala (الله تعالى) knows best.
References (Arabic / Urdu sources)
(ولا يستحق المشترك الأجر حتى يعمل كالقصار ونحوه) كفتال وحمال ودلال وملاح (الدر المختار 6/64)
قال العلامة ابن عابدين رحمه الله (قوله حتى يعمل) لأن الإجارة عقد معاوضة فتقتضي المساواة بينهما فما لم يسلم المعقود عليه للمستأجر لا يسلم له العوض والمعقود عليه هو العمل أو أثره على ما بينا فلا بد من العمل زيلعي (رد المحتار 6/64)
- Answered by
- Mufti Zakaria Makada
- Checked & approved by
- Mufti Ebrahim Salejee (Isipingo Beach)
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