Guaranteeing the deposit by the depositor if it is lost
Machine translationRead the Arabic original
Question:
The guest of the Shaykh, may Allah reward you. If a man places a sum of money with another man, and then it is lost, is the one to whom it was entrusted liable? Is he liable?
Answer:
A deposit is not guaranteed because the deposit is a trust. However, this is on the condition that it is kept in a place suitable for it, and that he does not neglect it. If he puts it in a box among his own goods and it is stolen, he is not liable because he did not neglect it. But if he neglected it, leaving it exposed without a document for it, and a thief came and took it, then he guarantees it because he was negligent.
As for if he took the precautions, put it with his money, and wrote a document for it, and then a fire came and consumed everything—there is no power or might except with Allah—the house burned down, or thieves entered and took what was in the house, or even took the deposit itself, the depositor owes nothing because he did not neglect it. This is something outside his will and outside his control. Yes.
The guest of the Shaykh, may Allah reward you. If a man places a sum of money with another man, and then it is lost, is the one to whom it was entrusted liable? Is he liable?
Answer:
A deposit is not guaranteed because the deposit is a trust. However, this is on the condition that it is kept in a place suitable for it, and that he does not neglect it. If he puts it in a box among his own goods and it is stolen, he is not liable because he did not neglect it. But if he neglected it, leaving it exposed without a document for it, and a thief came and took it, then he guarantees it because he was negligent.
As for if he took the precautions, put it with his money, and wrote a document for it, and then a fire came and consumed everything—there is no power or might except with Allah—the house burned down, or thieves entered and took what was in the house, or even took the deposit itself, the depositor owes nothing because he did not neglect it. This is something outside his will and outside his control. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 21 من 89|شرح العدة في شرح العمدة|البيوع|باب الحوالة والضمان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:15:53)
The Arabic text is a machine transcription of the audio recording.
