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Fatwa CenterIn principle, people are free from liabilities
Question
Five years ago, I bought an apartment in an apartment block which has a body of apartment block owners. When I moved into the apartment, I was surprised by the body asking me to pay 200 pounds for some ongoing maintenance works. Therefore, I paid the sum immediately. Meanwhile, I was also asked to pay another 150 pounds for the maintenance works which took place during the time of the previous tenant of my apartment, claiming that the previous tenant did not pay his share of these expenditures. It says that the current tenant is liable to pay them. Is this permissible under Sharee‘ah?
Please advise.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
The body of apartment block owners has neglected the demand of its rights from the previous tenant. Accordingly, it must bear the consequences of its negligence. It is impermissible for it to ask you to pay someone else's debts while you are not responsible for such debts. This is because principally one is not liable for debts as long as there is no proof that indicates his liability.
Allaah The Almighty Says (what means): {no bearer of burdens will bear the burden of another.} [Quran 39:7]
Allaah Knows best.
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