Conditioning the return of a trust to a specific time is invalid
Machine translationRead the Arabic original
The questioner:
May Allah reward you with good and do you well. The questioner asks about depositing a trust of a certain amount for the performance of 'Umrah, such that if you arrive at the specified time, that trust is returned to you, and if you are absent, it is not returned. What is the ruling on such a transaction?
The Shaykh:
I did not understand the question.
The questioner:
The questioner asks about depositing a trust of a specific amount for the performance of 'Umrah, such that if you arrive at the specified time, it is returned, and if you are absent, that trust is not returned to you?
The Shaykh:
The trust must be returned. Allah the Exalted said:[An-Nisa 4:58]. And He, the Exalted and Majestic, said: [Al-Mu'minun 23:8]. Allah the Exalted said: [Al-Anfal 8:27]. So the trust, which is the deposit—meaning the deposit is a type of trust—must be returned to the one who entrusted it. Allah the Exalted said: [Al-Baqarah 2:283]. And the Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 1264Da'if (Darussalam). Even if a condition is made not to return it at a specific time, if someone says to me, “I will come at such-and-such time and return your trust to you, and if I am late, I will not return it to you,” then this condition is invalid and contrary to the Book of Allah and the Sunnah of the Messenger of Allah (peace and blessings be upon him). Indeed, the Prophet (peace and blessings be upon him) said: Sunan Ibn Majah 2521Sahih (Darussalam). Yes.
May Allah reward you with good and do you well. The questioner asks about depositing a trust of a certain amount for the performance of 'Umrah, such that if you arrive at the specified time, that trust is returned to you, and if you are absent, it is not returned. What is the ruling on such a transaction?
The Shaykh:
I did not understand the question.
The questioner:
The questioner asks about depositing a trust of a specific amount for the performance of 'Umrah, such that if you arrive at the specified time, it is returned, and if you are absent, that trust is not returned to you?
The Shaykh:
The trust must be returned. Allah the Exalted said:
Indeed, Allah commands you to render trusts to whom they are due
إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَاAnd they who are to their trusts and their promises attentive
وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَO you who have believed, do not betray Allah and the Messenger or betray your trusts while you know [the consequence].
يَا أَيُّهَا الَّذِينَ آمَنُوا لَا تَخُونُوا اللَّهَ وَالرَّسُولَ وَتَخُونُوا أَمَانَاتِكُمْ وَأَنتُمْ تَعْلَمُونَthen let him who is entrusted discharge his trust
فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُFulfill the trust for the one who entrusted you, and do not cheat the one who cheated you.
أد الأمانة إلى من ائتمنك ولا تخن من خانكEvery conditions that is not in the Book of Allah (SWT) is invalid, even if there are one hundred conditions.
كل شرط ليس في كتاب الله فهو باطل، وإن كان مائة شرط
Source
قناة «العلامة الدكتور صالح الفوزان»، 4760- اشتراط وقت محدد لاسترداد الأمانة باطل - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.