Ruling 2348

If a person accepts a deposit from a child without the permission of its owner, he must return it to its owner. If the deposited item belongs to the child, it is necessary to return it to the child’s guardian (walī). In the event that it perishes before it is returned to them, the safe keeper must replace it. However, if the deposit is at risk of perishing and it is taken from the child to protect and return it to the guardian, then as long as the safe keeper was not negligent in safeguarding or returning it and he did not use it in an unpermitted manner, he is not responsible (ḍāmin) for it. The same applies if the depositor is an insane person.