If I deposit my money with a person to keep it safe, and it is lost while in his possession, is he liable for it?
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Question : Well, this opinion is also present, but the correct view is that he is not liable, even if the deposit is lost among two types of wealth, provided that the man is [careful].
Answer : That is, if I give my money to a person to keep it safe, and this deposit is lost in your possession, the correct view in the school of thought is that the trustee is not liable unless he commits excess or negligence. The second opinion is that he is liable if he commits excess or negligence, or if the deposit is lost among his own wealth. How is it lost among his wealth? For example, if I placed it with my money and it was lost while my money was not lost, they say that he is liable because the fact that it was lost among his wealth indicates negligence and that he was careless with it. However, the correct view is that he is not liable unless he commits excess or negligence. Yes.
Answer : That is, if I give my money to a person to keep it safe, and this deposit is lost in your possession, the correct view in the school of thought is that the trustee is not liable unless he commits excess or negligence. The second opinion is that he is liable if he commits excess or negligence, or if the deposit is lost among his own wealth. How is it lost among his wealth? For example, if I placed it with my money and it was lost while my money was not lost, they say that he is liable because the fact that it was lost among his wealth indicates negligence and that he was careless with it. However, the correct view is that he is not liable unless he commits excess or negligence. Yes.
Source
قناة «فضيلة الشيخ محمد بن صالح العثيمين»، 379 - إذا أودعت مالي عند شخص يحفظه فتلف عنده هل عليه ضمان؟ قواعد ابن رجب - ابن عثيمين — youtube.com
The Arabic text is a machine transcription of the audio recording.
