Guaranteeing deposited money in the event of a loss in stocks
Machine translationRead the Arabic original
The questioner:
The Shaykh: A person has money that was entrusted to him as a trust, and the amount was four hundred thousand riyals. He lost two hundred thousand in stocks. Does he have to guarantee this money?
The Shaykh:
How can it be a trust if he lost it in stocks?
The questioner:
He invested in this amount that...
The Shaykh:
And he has a share in that.
The questioner:
He was not given permission regarding the trust; he must preserve it and not dispose of it until he returns it to its owner. It is not permissible for him to dispose of the trust,[Al-Mu'minun 23:8], [An-Nisa 4:58], he does not dispose of it, and it is a trust and a deposit.
The Shaykh:
Unless its owner gave him permission to do so. If he gave him permission, he may use it, and if it is lost without negligence or carelessness, he is not liable for guaranteeing it; because what results from what is permitted is not guaranteed. However, if its owner did not give him permission, he must guarantee it for him. Yes.
The presenter:
May Allah reward you, Honorable Shaykh
The Shaykh: A person has money that was entrusted to him as a trust, and the amount was four hundred thousand riyals. He lost two hundred thousand in stocks. Does he have to guarantee this money?
The Shaykh:
How can it be a trust if he lost it in stocks?
The questioner:
He invested in this amount that...
The Shaykh:
And he has a share in that.
The questioner:
He was not given permission regarding the trust; he must preserve it and not dispose of it until he returns it to its owner. It is not permissible for him to dispose of the trust,
And they who are to their trusts and their promises attentive
وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَIndeed, Allah commands you to render trusts to whom they are due
إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَاThe Shaykh:
Unless its owner gave him permission to do so. If he gave him permission, he may use it, and if it is lost without negligence or carelessness, he is not liable for guaranteeing it; because what results from what is permitted is not guaranteed. However, if its owner did not give him permission, he must guarantee it for him. Yes.
The presenter:
May Allah reward you, Honorable Shaykh
Source
نور على الدرب - الفوزان - 02/278 — archive.org (3:56)
The Arabic text is a machine transcription of the audio recording.