The ruling on one who borrows an item, it is stolen from him, and then he dies
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Question:
A message reached the program from one of the female listeners in Iraq. The sender is Umm Ahmad. Her message is actually long—Your Eminence, the Shaykh—the summary of what is in this message is that a son of hers borrowed a watch from his colleague, and it was stolen from him. He passed away while it was still his responsibility, and they do not know the owner of the watch. They are asking how they should handle this?
Answer:
If it was a trust with his colleague and it was stolen without any negligence on his part, there is no blame on him and he is not required to compensate for it; because it is a trust. If it was stolen from his hand while he was sleeping, or stolen from his box by breaking the box, or something similar, he is not liable for compensation; because his colleague had given him permission. As long as he gave him permission to wear it and keep it with him to wear it. However, if his colleague gave it to him to keep it safe with him, then he put it on his hand and did not care, then he is liable for compensation.
If the owner is unknown, give charity for its value; determine its value and give charity for it, because he was negligent in wearing it until it was stolen from his hand while he was sleeping or inattentive. However, if it was stolen from a secure, controlled place, such as a safe or a locked house that was broken into, he is not liable, because he was not negligent. But if he was negligent by wearing it and sleeping, and his companion had not given him permission to wear it, nor given it to him to wear but only to keep it in his care, then he is negligent. If you know the companion, give him its value; if you do not know him, give charity for its value to some of the poor, intending it on behalf of the owner. Allah does not waste the reward of those who do good, Glorified and Exalted is He; rather, He rewards you for the purity of your conscience and rewards the owner by conveying the reward to him.Yes.
The presenter: May Allah reward you with good.
A message reached the program from one of the female listeners in Iraq. The sender is Umm Ahmad. Her message is actually long—Your Eminence, the Shaykh—the summary of what is in this message is that a son of hers borrowed a watch from his colleague, and it was stolen from him. He passed away while it was still his responsibility, and they do not know the owner of the watch. They are asking how they should handle this?
Answer:
If it was a trust with his colleague and it was stolen without any negligence on his part, there is no blame on him and he is not required to compensate for it; because it is a trust. If it was stolen from his hand while he was sleeping, or stolen from his box by breaking the box, or something similar, he is not liable for compensation; because his colleague had given him permission. As long as he gave him permission to wear it and keep it with him to wear it. However, if his colleague gave it to him to keep it safe with him, then he put it on his hand and did not care, then he is liable for compensation.
If the owner is unknown, give charity for its value; determine its value and give charity for it, because he was negligent in wearing it until it was stolen from his hand while he was sleeping or inattentive. However, if it was stolen from a secure, controlled place, such as a safe or a locked house that was broken into, he is not liable, because he was not negligent. But if he was negligent by wearing it and sleeping, and his companion had not given him permission to wear it, nor given it to him to wear but only to keep it in his care, then he is negligent. If you know the companion, give him its value; if you do not know him, give charity for its value to some of the poor, intending it on behalf of the owner. Allah does not waste the reward of those who do good, Glorified and Exalted is He; rather, He rewards you for the purity of your conscience and rewards the owner by conveying the reward to him.Yes.
The presenter: May Allah reward you with good.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.