Guaranteeing a deposit if its return is delayed after being requested
Machine translationRead the Arabic original
Question:
If the depositor comes to the one holding the deposit and says to him, "Give me my money and its belongings," in a place other than where he gave them to him, and they are in the house, and the one holding the deposit says, "Come back tomorrow," and when he comes the next day, he finds that it has been lost without any fault on his part, does he have to guarantee it?
Answer:
If he was able to return it on the day it was requested from him but he delayed it, and he was able to return it, then he has transgressed and must guarantee it. However, if he was not able to return it at the time of the request, he has not transgressed in this, and there is no way for him to do so. For example, the deposit is in the house and he is currently in the mosque. If he is asked for it in the mosque, it is not with him. If he is asked for it while he is able to return it, and then he says, "Come back tomorrow" or "in a little while," while he is able to return it, this is the one who must guarantee it. But if he says, "Come back tomorrow" or "in an hour" because he is not able to do so at the present moment, then he is excused. Yes.
If the depositor comes to the one holding the deposit and says to him, "Give me my money and its belongings," in a place other than where he gave them to him, and they are in the house, and the one holding the deposit says, "Come back tomorrow," and when he comes the next day, he finds that it has been lost without any fault on his part, does he have to guarantee it?
Answer:
If he was able to return it on the day it was requested from him but he delayed it, and he was able to return it, then he has transgressed and must guarantee it. However, if he was not able to return it at the time of the request, he has not transgressed in this, and there is no way for him to do so. For example, the deposit is in the house and he is currently in the mosque. If he is asked for it in the mosque, it is not with him. If he is asked for it while he is able to return it, and then he says, "Come back tomorrow" or "in a little while," while he is able to return it, this is the one who must guarantee it. But if he says, "Come back tomorrow" or "in an hour" because he is not able to do so at the present moment, then he is excused. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 28 من 89|شرح العدة في شرح العمدة|البيوع|باب السبق|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:08:34)
The Arabic text is a machine transcription of the audio recording.
