The Book Of Deposits (Wadi`A)

Depositing with someone is an allowable contract and it is an indication of trust for security.

CR (609) It is necessary for the custodian of deposit to safe-guard the deposit according to the usual procedures, if the depositor specifies a certain manner of safe-guarding it must be carried on, if it is opposed the custodian is responsible, unless, it was opposed because of fear for security and the depositor has not made any mention of what to do when afraid, otherwise, custodian is responsible even if there is fear about the safety of property.

CR (610) The custodian of deposit is responsible for the deposit if he uses the deposit in some way against the trust and safe-guarding idea and is called dishonesty and trespassing like mixing it with his property in an indistinguishable way, or the deposit is given to him in a sealed envelop and he opens it or the deposit is some food, i.e., and he consumes it or it is some money and he takes some of it as loan.

CR (611) If two sealed envelops are deposited and the custodian of deposit uses one of them he is responsible for only that used.

CR (612) If using is not called dishonesty and treachery like if he writes something on the envelop or draws a picture etc., such use does not make him responsible for the deposit even though such uses are not lawful because of not being authorized for it.

CR (613) It is necessary for the custodian of deposit to feed the animal, which is left with him to be watched, and for any expenses he asks the owner.

CR (614) The custodian of deposit becomes responsible for the deposit because of his shortcoming about it and he remains responsible until he returns it to owner or asks the owner to relieve him from his responsibility.

CR (615) It is necessary for the custodian of deposit to swear to an oppressor to hide the deposit if possible, if he confesses to the oppressor he becomes responsible for the deposit.

CR (616) It is necessary for the custodian to return the deposit to the depositor or his heirs after his death even if he is non-Muslim, except when the depositor is a usurper, in which case it must not be given to him; it is necessary to return to the legitimate owner, and if it is returned to the depositor the deposit-keeper becomes responsible, if the owner is not known the case must be advertised to find the owner; if the owner is not found it is given as charity on behalf of the owner if the owner is found and he does not accept it, apparently, the deposit-keeper is not responsible, if the usurper forcibly takes it from him the deposit-keeper is not responsible for it.

CR (617) If a non-Muslim, who is in a state of war with Muslims, deposits some property with him, according to precautionary view, it is unlawful to be dishonest to the trust, the deposit-keeper cannot own or sell it.

CR (618) When a dispute arises between the parties about neglect and shortcoming and the value of the deposit, the words of the deposit keeper are accepted on oath and the same rule applies if the dispute is about the deposit getting destroyed, provided, the deposit custodian is not accused of dishonesty.

CR (619) If the dispute is about the return of the deposit, apparently, the words of the owner are accepted on oath, the same rule applies if their dispute is about whether it is a loan or deposit when it is destroyed.

CR (620) It is not right to deposit with a child or a person suffering from mental illness if he cannot discern right from wrong, he is not responsible for the deposit even if he causes it to be destroyed and the same rule applies to the insane person.