The World Federation Islamic Laws
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25. Deposit (Wadīʿah) and Trust (Amānah)

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  • Ruling 2346

    If a person gives some property to someone, saying, ‘Let it be trusted to you’ and the latter accepts, or, if without uttering a word a person conveys to someone that he is giving him some property for …

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  • Ruling 2347

    The depositor and the safe keeper must both be of the age of legal responsibility (bāligh), sane (ʿāqil), and no one must have compelled them [to enter into the deposit agreement]. Therefore, if a person entrusts some property …

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  • 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 itself, it is necessary to return it to …

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  • Ruling 2349

    A person who is not capable of safeguarding a deposit must not accept it if the depositor is unaware of his incapability. If he does accept it and it perishes, he is responsible for it.

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  • Ruling 2350

    If a person conveys to the owner of the property that he is not prepared to safeguard his property, and he does not take the property from him but the owner nevertheless places it with him and leaves, …

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  • Ruling 2351

    A depositor may annul the deposit agreement whenever he likes. Similarly, a safe keeper can also annul the deposit agreement whenever he likes.

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  • Ruling 2352

    If a person changes his mind about safeguarding a deposit and annuls the deposit agreement, he must return the deposit to the owner or his agent (wakīl) or guardian as soon as he can, or he must inform …

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  • Ruling 2353

    A person who accepts a deposit but does not have an appropriate place for it must acquire a suitable place for it.Furthermore, he must safeguard it in a manner such that it could not be said he was …

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  • Ruling 2354

    If a safe keeper of a deposit is not negligent in safeguarding it nor excessive with it, i.e. he does not use it in an unpermitted manner, but it so happens that it perishes, he is not responsible …

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  • Ruling 2355

    If the owner of some property specifies a place for safeguarding it and he says to the safe keeper, ‘You must look after the property here even if you deem it probable that it will be destroyed’, the …

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