A man was entrusted with a trust, he disposed of it, and then he died. What is the legal ruling regarding this deceased man?
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Question:
Okay. A second question, if you please. Go ahead with the second question, go ahead. Yes, if a trust in the form of a sum of money was placed with a specific person, and this person grew old, and this person with whom the trust was placed disposed of it, whether with good intent or bad intent, and they all passed away. What is the legal ruling regarding this person with whom the trust was placed? And if we, for example, are their children and we forgive them, will Allah, the Lord of the Worlds, forgive them or not? Thank you. Allah
Answer:
Whoever has a trust in his possession is required to preserve it until he delivers it. He should keep it with his own money, preserving it in the same way he preserves his money. Allah the Exalted said:[An-Nisa 4:58]. The Messenger (peace and blessings be upon him) said: Bulugh al-Maram 7:134 Therefore, it is not permissible to dispose of a trust except in a way that preserves it for its owner. Whoever disposes of it otherwise is a transgressor and is liable for the trust. If he died after disposing of it, and he left an estate, the trust is paid out of his estate because it has become a debt in his liability. However, if he did not leave an estate and one of his relatives wants to clear his liability, that is a good and fine thing. Yes. Praise be to Allah.
Okay. A second question, if you please. Go ahead with the second question, go ahead. Yes, if a trust in the form of a sum of money was placed with a specific person, and this person grew old, and this person with whom the trust was placed disposed of it, whether with good intent or bad intent, and they all passed away. What is the legal ruling regarding this person with whom the trust was placed? And if we, for example, are their children and we forgive them, will Allah, the Lord of the Worlds, forgive them or not? Thank you. Allah
Answer:
Whoever has a trust in his possession is required to preserve it until he delivers it. He should keep it with his own money, preserving it in the same way he preserves his money. Allah the Exalted said:
Indeed, Allah commands you to render trusts to whom they are due
إِنَّ اللَّهَ يَأْمُرُكُمْ أَن تُؤَدُّوا الْأَمَانَاتِ إِلَىٰ أَهْلِهَا(ﷺ) said: "Give back what has been entrusted (to you) to him who has entrusted you, and do not violate the trust of him who violates your trust."
صلى الله عليه وسلم أَدِّ اَلْأَمَانَةَ إِلَى مَنْ اِئْتَمَنَكَ وَلَا تَخُنْ مَنْ خَانَكَ.
Source
قناة «العلامة الدكتور صالح الفوزان»، رجل وضعت عنده أمانة فتصرف بها ومات، فما الحكم الشرعي تجاه هذا الميت؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.