Hadith 36522

Yahya related that he heard Malik say that if a man gave a washera garment to dye and he dyed it, and then the owner of the garmentsaid, "I did not order you to use this dye," and the washer protestedthat he had done so, then the washer was to be believed. It was thesame with the tailor and the gold-smith. They took an oath about itunless they produced something they would not normally have beenemployed to do. In that situation their statement was not allowed andthe owner of the garment had to take an oath . If he rejected it andrefused to swear, then the dyer was made to take an oath.Yahya said, "I heard Malik speak about a dyer who was given a garmentand he made a mistake and gave it to another man and the one to whomhe gave it wore it. He said, 'The one who wore it has no damagesagainst him, and the washer pays damages to the owner of the garment.That is when the man wears the garment which was given him withoutrecognizing that it is not his. If he wears it knowing that it is nothis garment, he is responsible for it.' "