Guarantee of one who traded with a deposit through a profit-sharing partnership and it was lost
Machine translationRead the Arabic original
The questioner:
A man gave a deposit of fifty thousand and said, “Two years have passed since I deposited it.” This man disposed of the deposit. He said, “If the man comes and we split it in half because of the disposal, I will lose this and it will be gone. Is he liable for the guarantee?”
The Shaykh:
He gave him a deposit without giving him permission to dispose of it.
The questioner:
Welcome.
The Shaykh:
If he disposes of it or misuses it, he is liable for the guarantee, unless he was ordered to make it a profit-sharing partnership (mudarabah) between them, in which case he is not liable. If he caused it to be used gently between us, and he caused it to be used without negligence, aggression, or loss of caution, then he is not liable for the guarantee, because he is protected and has exerted effort.
A man gave a deposit of fifty thousand and said, “Two years have passed since I deposited it.” This man disposed of the deposit. He said, “If the man comes and we split it in half because of the disposal, I will lose this and it will be gone. Is he liable for the guarantee?”
The Shaykh:
He gave him a deposit without giving him permission to dispose of it.
The questioner:
Welcome.
The Shaykh:
If he disposes of it or misuses it, he is liable for the guarantee, unless he was ordered to make it a profit-sharing partnership (mudarabah) between them, in which case he is not liable. If he caused it to be used gently between us, and he caused it to be used without negligence, aggression, or loss of caution, then he is not liable for the guarantee, because he is protected and has exerted effort.
Source
شرح بلوغ المرام [ ابن باز ] [ الشرح الجديد ]، باب الوصايا — islamhouse.com (21:50)
The Arabic text is a machine transcription of the audio recording.