Rafed English

Fatwas on Deposits and Loaned Properties

Q1807: A fire gutted a factory. Among the losses were goods that were deposited in trust in the factory. Should the person in charge of the factory or its owner be made to pay compensation to the owners of these goods?
A: If the fire was not attributed to anybody’s action, nor was there negligence in safeguarding the deposited goods in the factory, no one should be made to pay compensation for the loss of goods.

Q1808: A person deposited his will with another person. It was agreed that after the death of the testator, the person entrusted with the will would hand it over to the deceased’s elder son. He refused to do so. Does this amount to a breach of trust?
A: Refusing to hand the deposit over to the party appointed by the depositor is a kind of treachery.

Q1809: While I was doing my national service, I received some personal effects. However, after completing my service, I failed to hand those items back to my military unit. What should I do? Would it be sufficient to pay the value of the items in money to the Treasury?
A: In case the items were given to you by the army barracks as a loan, it is obligatory on you to return the very items if they are still with you. If not, in that they have been either damaged or lost due to negligence or delay in returning, you have to pay them the equivalent value of these items. Otherwise, you need not worry.

Q1810: A trustworthy person was asked to carry a certain amount of money to deliver it to some people who live in another town. While en route, they were robbed. Should they indemnify the loss?
A: The person entrusted with the money should not be held responsible to compensate it as long as their negligence or improper handling of the money is not proved.

Q1811. I received, from the trustees of a masjid, funds that were donated for the purpose of carrying out certain repairs to the building of the masjid. However, the funds, along with my personal belongings, were lost. What should I do?
A: The person entrusted with the money should not be made to pay compensation if there was no negligence or improper handling on their part in safeguarding it.

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