Rafed English

Rules regarding deposit or custody or trust (Amanat)

2336. When a person gives his property to another person, and tells him that it is deposited in trust, and the latter accepts it, or, without uttering a word, by a simple conduct, the depositor and the receiver both understand and accept the intention, then they must follow the rules of Amanat as will be explained later.

2337. Both the trustee and the depositor should be baligh and sane, and should not have been forced by anyone. Therefore, if a person deposits some property with an insane person, or a minor, or if an insane or a minor deposits some property with someone, their action will not be in order. Of course, it is permissible for a discerning child to deposit someone else's property with that person's consent. Similarly, a depositor must not be a feeble-minded squanderer or a bankrupt.
But if the bankrupt person deposits a property from which he has not been debarred, there is no objection. Also, the trustee must not be a feeble-minded squanderer or a bankrupt, if the protection of the property under his care involves spending from the wealth from which he is debarred.

2338. If a person accepts a deposit from a child without the permission of its owner, he should return it to its owner. And if that deposit belongs to the child himself, it is necessary that it is delivered to his guardian; and if it gets lost or destroyed before the delivery, the person who accepted the deposit must compensate for it.
But if he had secured it from the child with the intention of delivering it to the guardian, and if he had not been careless in its safekeeping, he will not be responsible for a loss or a damage. The same rule will apply in the case of an insane depositor.

2339. If a person cannot look after the deposit, and the person making the deposit is not aware of his incapability, he should decline to accept the deposit.

2340. If a person tells the owner of the property that he is not prepared to look after his property, and does not accept it, yet the owner leaves it there and goes away, and then the property perishes, the person who has declined to accept the deposit will not be responsible for it. However, the recommended precaution is that, if possible, he should look after that property.

2341. A person who gives something to another person as a deposit, can abrogate the arrangement as and when he likes, and similarly, one who accepts the deposit can do the same as and when he likes.

2342. If a person renounces the custody of the property deposited with him and abrogates the arrangement, he should deliver the property to its owner or to the agent or guardian of its owner, as quickly as possible, or inform them that he is not prepared to continue as a custodian. But if he does not, without any justifiable excuse, deliver the property to them and also does not inform them, and if the property perishes, he should give its substitute.

2343. If a person who accepts a deposit does not have a suitable place for its safe keeping, he should acquire such a place, and should take care of the deposit in a manner that he would not be accused of negligence. But if he acts carelessly in this regard, and the property is lost or damaged, he will have to compensate for it.

2344. If a person who accepts a deposit has not been negligent in looking after it, nor has he gone beyond moderation, and then the property unexpectedly perishes, he will not be responsible for it.
But if he has been careless about its security, say, by keeping it at a place which is vulnerable to theft, or if he commits such excesses like using those articles of deposit without the owner's permission (like wearing the dress or riding the vehicle or the animal etc) and then the deposited property is lost or damaged, he should pay the owner its compensation.

2345. If the owner of a property specifies a place for its safe keeping, telling the person who has accepted the deposit: "You will secure the property here, and even if you suspect that it might get lost here, you must not take it elsewhere", in such case, he cannot transfer it to another place, and if he does, and it is lost, he is responsible.

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