Guaranteeing the Safekeeping of a Pilgrim’s Trust if It Is Stolen
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. A man gave another man a trust to carry for him during Hajj until he returned from performing some of the rites, but it was stolen from that man. Does he have to guarantee it and return it to him?
Answer:
If he was negligent in safeguarding it and exposed it to being stolen, then he is liable for it. However, if he was guarding it, securing it, and keeping it under control, but the security was breached and it was taken, then he is not liable for it, because he did not fall short in his duty.
He says: Honorable Shaykh, may Allah grant you success. A man gave another man a trust to carry for him during Hajj until he returned from performing some of the rites, but it was stolen from that man. Does he have to guarantee it and return it to him?
Answer:
If he was negligent in safeguarding it and exposed it to being stolen, then he is liable for it. However, if he was guarding it, securing it, and keeping it under control, but the security was breached and it was taken, then he is not liable for it, because he did not fall short in his duty.
Source
شرح أخصر المختصرات في الفقه، فصل: وكل ما جاز بيعه جاز رهنه — islamhouse.com (46:05)
The Arabic text is a machine transcription of the audio recording.