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Fatwa CenterFalsifying date to avoid paying penalty
Question
Nearly 15 years ago, a person rented a house from a company, and the agreement was to give four weeks notice before leaving, and otherwise they would have to pay one month's rent. When he was going to leave the rented house, he planned to give four weeks notice, but he became busy and could only send notice two weeks before leaving, but on the notice, he put the date at which he thought that he would give the notice. The owner accepted the notice and did not ask why it was sent late. Many years later, he realised that he should have informed them earlier, so he contacted them, and they said that their records did not show that there was anything due for him to pay. If he insists and explains that he put the wrong date, then they might blame him of committing fraud, though he certainly did not intend to commit any fraud and intended to give the notice on the correct date, but he got delayed and they then accepted the notice without any problem. As they are saying that there is nothing due from him and given that they accepted his notice although it had the wrong date on it, should he insist, or can he give an amount of money equal to one month rent in charity for his own peace of mind?
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, sallallahu ʻalayhi wa sallam, is His slave and Messenger.
That person should have abided by the terms of the contract between him and the company. Allah, the Exalted, says (what means): {O you who have believed, fulfill (all) contracts.} [Quran 5:1] As long as he did not send them the notice before leaving the house during the agreed-upon period, he is obliged to pay the rent of that month, unless the company waives it and clears him of his liability of it. Accordingly, he either informs them of the truth of the matter and if they then clear him of his liability, then there is no harm on him in that case; or, if he cannot inform them for fear of harm or the like, then he may pay them the money, even if indirectly by depositing it in their bank account, for instance, or by giving it to someone to deliver it to them without informing them of what that person had done.
Allah knows best.
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