The Ruling on Taking from a Deposit Without the Owner's Permission
Machine translationRead the Arabic original
The questioner:
Ahmad, please speak from Riyadh. Go ahead, Ahmad. And upon you be peace. Peace. How are you, Shaykh? My question, my question is about a trust, meaning my uncle's right. I gave him a trust. And I told him to give it back to me. Then I sent it to my brother, and my brother opened it and took half of it. It is a large sum of money, meaning. He took half of it, then I returned the rest. What is the ruling on the first person and the second person who opened the trust for me?
The Shaykh:
The trust and the deposit are obligatory[An-Nisa 4:58], and deposits are included among them, so it is not permissible for him to betray the deposit; rather, he is a trustee of it, and he does not give it to anyone else; rather, he keeps it for its owner. So you are the one who erred when you gave it to someone else and he disposed of it.
The questioner:
No, because I am with, yes.
The Shaykh:
Or because I am giving it to him now.
The questioner:
I gave him the trust to buy me a car, then I told him, that is enough, I do not want a car, then I returned it to my brother, and my brother opened the trust and took it. He said, I am demanding from my brother, and he took half the amount.
The presenter:
Listen to the answer.
The Shaykh:
My brother, listen to the answer, may Allah guide you.
The questioner:
May Allah reward you with good.
The Shaykh:
It is obligatory for the one who takes something from the trust to return it and to compensate its owner. And if it is as you say, then you are demanding that from him. If he refuses, then you bring his case to the court before the judge. Yes.
Ahmad, please speak from Riyadh. Go ahead, Ahmad. And upon you be peace. Peace. How are you, Shaykh? My question, my question is about a trust, meaning my uncle's right. I gave him a trust. And I told him to give it back to me. Then I sent it to my brother, and my brother opened it and took half of it. It is a large sum of money, meaning. He took half of it, then I returned the rest. What is the ruling on the first person and the second person who opened the trust for me?
The Shaykh:
The trust and the deposit are obligatory
to render trusts to whom they are due
أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَاThe questioner:
No, because I am with, yes.
The Shaykh:
Or because I am giving it to him now.
The questioner:
I gave him the trust to buy me a car, then I told him, that is enough, I do not want a car, then I returned it to my brother, and my brother opened the trust and took it. He said, I am demanding from my brother, and he took half the amount.
The presenter:
Listen to the answer.
The Shaykh:
My brother, listen to the answer, may Allah guide you.
The questioner:
May Allah reward you with good.
The Shaykh:
It is obligatory for the one who takes something from the trust to return it and to compensate its owner. And if it is as you say, then you are demanding that from him. If he refuses, then you bring his case to the court before the judge. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [3952] حكم الأخذ من الوديعة بدون إذن صاحبها - صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.