A person sent a trust with another person from one country to another, and the bearer of the trust passed away and the trust was lost; are his heirs required to pay it?
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The questioner : A person sent a trust with another person from one country to another, so this person who was carrying the trust passed away, and the trust was lost from him.
The Shaykh : What happened to the trust?
The questioner : The trust that was with the person it was sent to was lost.
The Shaykh : It was lost, yes.
The questioner : So is he, or his heirs, or someone else, required to pay the trust that was lost with him?
The Shaykh : Do you want to know how it was lost?
The questioner : A person had a car accident with him, and there was a trust of one thousand dinars... it was lost, he doesn't know if the police took it, or the people took it... it is not known who took it.
The Shaykh : Yes.
The questioner : ... my brother, this man, I sent him one thousand dinars, are the heirs required to pay it?
The Shaykh : Clarify the question.
There is no doubt that a person leaves behind something, or heirs who inherit from him, and it is obligatory for the heirs to settle what the deceased owed before anything else, including trusts, delivering the trusts to their owners. So the case only requires that the one who entrusted the trust to the deceased man proves it to his heirs; so that they can fulfill the obligation of payment; is that clear?
The questioner : Is that clear?
The Shaykh : But that is how it is.
And Glorified are You, O Allah, and with Your praise. I bear witness that there is no deity but You. I seek Your forgiveness and I repent to You.
The time is up, we will pray...
Another questioner : Where will your residence be tomorrow, my professor?
The Shaykh : Yes?
Another questioner : If Allah wills, where will we be tomorrow?
The Shaykh : How?
Another questioner : Where will the residence be tomorrow, if Allah wills?
The Shaykh : Residence of what?
Another questioner : Your residence, I mean?
The Shaykh : I am in my house in Amman.
Peace be upon you.
Those present: And upon you peace.
...
Another questioner : ... without any negligence on his part.
Another questioner : ... .
The Shaykh : First: the case is not known, we asked the man how it happened? He said: the man had an accident with him... so it is established that the man received a trust, but it is not established what Allah did with... so that it can be said that he was negligent and thus held accountable, or not negligent and thus not held accountable.
Another questioner : As a precaution?
The Shaykh : How?
Another questioner : As a precaution?
The Shaykh: No...
The Shaykh : What happened to the trust?
The questioner : The trust that was with the person it was sent to was lost.
The Shaykh : It was lost, yes.
The questioner : So is he, or his heirs, or someone else, required to pay the trust that was lost with him?
The Shaykh : Do you want to know how it was lost?
The questioner : A person had a car accident with him, and there was a trust of one thousand dinars... it was lost, he doesn't know if the police took it, or the people took it... it is not known who took it.
The Shaykh : Yes.
The questioner : ... my brother, this man, I sent him one thousand dinars, are the heirs required to pay it?
The Shaykh : Clarify the question.
There is no doubt that a person leaves behind something, or heirs who inherit from him, and it is obligatory for the heirs to settle what the deceased owed before anything else, including trusts, delivering the trusts to their owners. So the case only requires that the one who entrusted the trust to the deceased man proves it to his heirs; so that they can fulfill the obligation of payment; is that clear?
The questioner : Is that clear?
The Shaykh : But that is how it is.
And Glorified are You, O Allah, and with Your praise. I bear witness that there is no deity but You. I seek Your forgiveness and I repent to You.
The time is up, we will pray...
Another questioner : Where will your residence be tomorrow, my professor?
The Shaykh : Yes?
Another questioner : If Allah wills, where will we be tomorrow?
The Shaykh : How?
Another questioner : Where will the residence be tomorrow, if Allah wills?
The Shaykh : Residence of what?
Another questioner : Your residence, I mean?
The Shaykh : I am in my house in Amman.
Peace be upon you.
Those present: And upon you peace.
...
Another questioner : ... without any negligence on his part.
Another questioner : ... .
The Shaykh : First: the case is not known, we asked the man how it happened? He said: the man had an accident with him... so it is established that the man received a trust, but it is not established what Allah did with... so that it can be said that he was negligent and thus held accountable, or not negligent and thus not held accountable.
Another questioner : As a precaution?
The Shaykh : How?
Another questioner : As a precaution?
The Shaykh: No...
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
