Liability when one shop causes loss to another

Question

Question: (1) When setting up a shop, the respected Hajji Ghani Ahmad took the respected Hamid Ali into his employment on the promise that he would not keep any goods of his own in the shop and would not print his own books under his own name. The shop was set up in ’27, and up to ’53 he did indeed abide by this. In the meantime he employed his son Khurshid Ali — may Allah keep him — in the shop as his assistant.

Answer

(1) The condition that the respected Hamid Ali will not keep his goods in Hajji Ghani Ahmad’s shop is valid. But if the meaning of not having books printed under his own name is that he will not have books printed with his own money under a separate name, then this condition is not valid, so that abiding by it is not binding; rather, it is necessary to annul this condition.

Source: Fatawa Mahmudiyya

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