The Obligation of Fulfilling a Trust
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Question: I entrusted a trust to one of my relatives to keep it for me until I requested it and needed it. It is a legal deed. It remained with him until I wanted to retrieve it from him, but he refused unless I gave him a sum of five thousand riyals in exchange for keeping it. I tried to give him one thousand riyals as a token of gratitude and appreciation for his trustworthiness, but he refused anything less than five thousand. He threatened to burn the deed and deny it. I had no witnesses when I handed it to him. If I were to meet his demand and give him the five thousand, is this lawful or forbidden for him? And is it permissible to take money in exchange for keeping a deposit according to the Shari'ah, or not?
Answer: If there was an agreement between you and him that he would keep it for you for a fee, then it is obligatory for you to give him what you agreed upon with him. However, if there was no agreement between you, and you gave him the trust to keep it without an agreement on a fee between you, then it is forbidden for him to ask you for anything, because this is a trust.And Allah the Exalted says: [Surat al-Nisa: 58] ,And He, the Exalted, says: [Surat al-Baqarah: 283] , so keeping a trust is part of excellence in worship and part of cooperating in righteousness and piety.
If he did not stipulate a compensation from the beginning, then it is not permissible for him to take anything in exchange for it, because it is considered an act of devotion. It is forbidden for him to ask you for anything. But if he refuses to give you what you deposited with him unless you give him something, then there is no harm for you in giving it to him, in order to protect your right and rescue it from him. It is forbidden for him to take that thing; so what you pay him in this case is permissible from your side, but from his side it is forbidden.
Question: So, based on this, if an agreement is reached between the two parties, is this prescribed?
Answer: This would fall under the category of a lease or hire contract; he was entrusted with it for a fee.
Answer: If there was an agreement between you and him that he would keep it for you for a fee, then it is obligatory for you to give him what you agreed upon with him. However, if there was no agreement between you, and you gave him the trust to keep it without an agreement on a fee between you, then it is forbidden for him to ask you for anything, because this is a trust.And Allah the Exalted says:
Indeed, Allah commands you to render trusts to whom they are due
إِنَّ اللَّهَ يَأْمُرُكُمْ أَنْ تُؤَدُّوا الْأَمَانَاتِ إِلَى أَهْلِهَاAnd if one of you entrusts another, then let him who is entrusted discharge his trust [faithfully] and let him fear Allah, his Lord.
فَإِنْ أَمِنَ بَعْضُكُمْ بَعْضًا فَلْيُؤَدِّ الَّذِي اؤْتُمِنَ أَمَانَتَهُ وَلْيَتَّقِ اللَّهَ رَبَّهُIf he did not stipulate a compensation from the beginning, then it is not permissible for him to take anything in exchange for it, because it is considered an act of devotion. It is forbidden for him to ask you for anything. But if he refuses to give you what you deposited with him unless you give him something, then there is no harm for you in giving it to him, in order to protect your right and rescue it from him. It is forbidden for him to take that thing; so what you pay him in this case is permissible from your side, but from his side it is forbidden.
Question: So, based on this, if an agreement is reached between the two parties, is this prescribed?
Answer: This would fall under the category of a lease or hire contract; he was entrusted with it for a fee.