The guarantor’s liability if he incurs a loss in the trade of the heirs’ money
Machine translationRead the Arabic original
Question:
In the name of Allah, the Most Gracious, the Most Merciful. If the guardian exerts his effort in trading with the heirs’ money, but he incurs a loss, is he required to compensate the heirs for the loss, or not?
Answer:
No. If he traded with the money of the minors, exerted his effort, acted with sincerity, and the money was lost, then he owes nothing. Even if the money is destroyed, he owes nothing, because he is excused for having traded. Whatever results from the guarantee, whatever results from the permission, is not guaranteed. Whatever results from the permission is not guaranteed. Yes.
In the name of Allah, the Most Gracious, the Most Merciful. If the guardian exerts his effort in trading with the heirs’ money, but he incurs a loss, is he required to compensate the heirs for the loss, or not?
Answer:
No. If he traded with the money of the minors, exerted his effort, acted with sincerity, and the money was lost, then he owes nothing. Even if the money is destroyed, he owes nothing, because he is excused for having traded. Whatever results from the guarantee, whatever results from the permission, is not guaranteed. Whatever results from the permission is not guaranteed. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 36 من 89|شرح العدة في شرح العمدة|كتاب الوصايا|فصل في حكم بطلان الوصية|صالح الفوزان|الفقه — youtube.com (1:06:35)
The Arabic text is a machine transcription of the audio recording.
