Disposing of a deposit without the depositor's permission
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Fatwa number ( 19953 )
Q: My mother sold a piece of land that she owned and entrusted me with the price of the land, telling me: "Put it in your name in one of the banks so that it brings us a monthly profit" of such-and-such amount. I agreed, knowing that if we put the money in the bank, it is not permissible for us to take it out until a full year has passed. I am the youngest of my siblings, and I have older brothers, each of whom has his own home and children. I had an older brother who pressed my mother to give him this money for trade, as he is not well-off, and we all know that he is in a tight spot financially. My mother refused to give him the money, so he became in a pitiable state because he needed it given his living conditions. One day he came to me, and I knew the pain he was in, and he asked me for this amount, offering
that he would share with me the profit that comes out of the money, knowing that he would return the full amount to me before the year contracted with the bank expires, so that my mother would not notice, and that he would give me the profit I was receiving from the bank so that I could give it to my mother at the beginning of every month. I agreed to this. What is the ruling of the religion in this, and is it permissible for me to hide this from my mother, knowing that if she knew about it, she would be angry with me, and I do not want that? What is the ruling of the religion regarding the money (profit) that my brother gives me from the trade? I ask Allah to guide you to what is good.
A: You have erred in this action, because it is obligatory upon you to preserve the amount that your mother made a trust with you, and it is not permissible for you to dispose of it except with your mother's permission; for Allah the Exalted said:[An-Nisa 4:58] and the Prophet (peace and blessings be upon him) said: Jami` at-Tirmidhi 1264Da'if (Darussalam) So you must preserve the amount and return it to your mother whenever she asks for it, and it is not permissible for you to deposit it in the bank with interest, neither for you nor for your mother; because that is from the riba (usury or interest) that
Allah has forbidden upon His servants, whereas depositing it in the bank for preservation only, without taking interest, is permissible in case of dire necessity for it.
Q: My mother sold a piece of land that she owned and entrusted me with the price of the land, telling me: "Put it in your name in one of the banks so that it brings us a monthly profit" of such-and-such amount. I agreed, knowing that if we put the money in the bank, it is not permissible for us to take it out until a full year has passed. I am the youngest of my siblings, and I have older brothers, each of whom has his own home and children. I had an older brother who pressed my mother to give him this money for trade, as he is not well-off, and we all know that he is in a tight spot financially. My mother refused to give him the money, so he became in a pitiable state because he needed it given his living conditions. One day he came to me, and I knew the pain he was in, and he asked me for this amount, offering
that he would share with me the profit that comes out of the money, knowing that he would return the full amount to me before the year contracted with the bank expires, so that my mother would not notice, and that he would give me the profit I was receiving from the bank so that I could give it to my mother at the beginning of every month. I agreed to this. What is the ruling of the religion in this, and is it permissible for me to hide this from my mother, knowing that if she knew about it, she would be angry with me, and I do not want that? What is the ruling of the religion regarding the money (profit) that my brother gives me from the trade? I ask Allah to guide you to what is good.
A: You have erred in this action, because it is obligatory upon you to preserve the amount that your mother made a trust with you, and it is not permissible for you to dispose of it except with your mother's permission; for Allah the Exalted said:
Indeed, Allah commands you to render trusts to whom they are due
إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الأَمَانَاتِ إِلَى أَهْلِهَاNarrated Abu Hurairah: That the Prophet (ﷺ) said: "Fulfill the trust for the one who entrusted you, and do not cheat the one who cheated you." [Abu 'Eisa said:] This Hadith is Hasan Gharib. Some of the people of knowledge followed this Hadith, they said that when something belonging to a man is with another and he leaves (with it), then he has something that belongs to him, he may not withhold from him an equivalent to what the other took of his. Some of the people of knowledge among the Tabi'in allowed that. This is the view of Sufyan Ath-Thawri, he said: "If one man has some Dirham that belong to another, and the second has some Dinar belonging to the first, he may not withhold any in place of his Dirham, unless it so happens that he has some Dirham of his, then in that case he can withhold some of his Dirham equal to what he is owed by the first."
أد الأمانة إلى من ائتمنك،Allah has forbidden upon His servants, whereas depositing it in the bank for preservation only, without taking interest, is permissible in case of dire necessity for it.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.