In the light of the Quran and Hadith, the legal rulings and issues of agricultural contracts, leasing, and other related matters: Volume 02: Page 136
Question
Peace be upon you and God's mercy and blessings
Rulings of trusts
Answer
And peace be upon you and God's mercy and blessings!
الحمد لله، والصلاة والسلام علىٰ رسول الله، أما بعد!
◈ Definition of Trust
A trust is referred to as something that is kept with a person in such a way that they protect it without any compensation, and the owner can take back their item whenever they wish.
◈ In the protection of the property, the status of the trustee is similar to that of an agent, therefore it is necessary for them to be rational, mature, and understanding.
◈ The responsibility of the trust should be accepted by the person who has complete confidence in their ability to protect it properly. This is a task of immense reward and virtue, as the Messenger of Allah (peace be upon him) said:
"وَاللَّهُ فِي عَوْنِ الْعَبْدِ مَا كَانَ الْعَبْدُ فِي عَوْنِ أَخِيهِ"
"Allah continues to help a servant as long as the servant is engaged in helping their brother."
Reference: Sahih Muslim, The Book of Remembrance and Supplication, Chapter on the Virtue of Gathering for the Recitation of the Quran and Remembrance, Hadith 2699, and Musnad Ahmad 2/296
◈ Since people's needs are also associated with this, anyone who is certain that they cannot protect the trust should never accept this responsibility.
① Ruling in Case of Loss of Trust
If the trust is lost and the trustee has not been negligent in its protection, they will not be liable. This is similar to losing their own property. Regarding this, the Messenger of Allah (peace be upon him) said:
"من أودع وديعة فلا ضمان عليه "
"The one to whom the trust is given is not liable."
Reference: (Weak) Sunan Ibn Majah, Sadaqat, Chapter on Deposits, Hadith 2401
In another narration, it is stated:
"لاضمان على مؤتمن"
"The trustee is not responsible (for the loss of the trust)."
Reference: (Weak) Sunan al-Daraqutni 3/40, Hadith 2938
Furthermore, in another narration, it is mentioned:
"لا على المُسْتَوْدَع غير المُغِلّ ضمَان"
"There is no compensation for a trustworthy person who does not betray."
Reference: (Weak) Sunan al-Daraqutni 3/40, Hadith 2939
◈ The wisdom in this is that the trustee protects the trust with the intention of earning reward. If they are unjustly made liable, people will avoid accepting this responsibility, which will lead to social harm and affect people's interests.
◈ However, if he has been negligent in safeguarding, he will be liable, because the loss of property occurred due to his mistake.
◈ It is obligatory for the trustee to keep the trust in a safe place just as he keeps his own property, because Allah Almighty has commanded the fulfillment of trusts:
﴿إِنَّ اللَّهَ يَأمُرُكُم أَن تُؤَدُّوا الأَمـٰنـٰتِ إِلىٰ أَهلِها...﴿٥٨﴾... سورة النساء
"Allah commands you to return the trusts to whom they are due."
Reference: An-Nisa:4/58
Correct fulfillment is only possible when the trust is kept safe. When someone accepts a trust, it is obligatory for him to safeguard it with full responsibility.
② If the trust is an animal
If the trust is in the form of an animal, it is obligatory for the trustee to provide it with fodder and water.
◈ If he neglects to feed and water it to the extent that the animal dies or becomes ill, he will be liable.
◈ He will also incur sin, because the right of the animal was obligatory upon him from Allah Almighty, even if the owner did not give specific instructions.
③ Placing the trust forward
A trustworthy person can keep a trust with someone who usually holds their belongings, such as:
✔ Their wife
✔ A servant
✔ A treasurer
✔ A helper
If a trust is lost while in the possession of any of these individuals, the trustworthy person will not be liable, provided that the loss did not occur due to their negligence. Because they have the option to protect it themselves or, as usual, entrust it to a reliable individual.
④ Handing Over to a Stranger
If the trustworthy person hands over the trust to a stranger without reason and it is lost, the first trustworthy person will be liable.
However, if there is a necessity, for example:
✔ The time of death is near
✔ There is an intention to travel and it is not appropriate to take it along
In such a case, handing it over to a stranger is permissible, and in the event of loss, they will not be liable.
⑤ In Case of Travel or Danger
If the trustworthy person is going on a journey or is faced with danger, then:
① Return the trust to the owner or their representative.
② Or take it with them provided there is no risk.
③ If there is a risk, then hand it over to the ruler.
④ If a trustworthy ruler is not available, then entrust it to a reliable person who can deliver it to the original owner.
The Messenger of Allah (peace be upon him) entrusted the people's trusts to Umm Ayman (may Allah be pleased with her) at the time of migration and instructed Sayyidina Ali (may Allah be pleased with him) to deliver them to their owners.
Reference: Al-Mughni and Al-Sharh Al-Kabir 7/280
⑥ In the event of death
If a person is nearing death and has people's trusts, it is obligatory for them to:
✔ Return them to the owners.
✔ If the owners cannot be found, then hand them over to the ruler.
✔ Or entrust them to a reliable person.
⑦ In case of transgression or negligence
If the trustee has been negligent or has committed an excess that resulted in the loss of the trust, they will be liable. Examples:
◈ Riding an animal kept as a trust without permission.
◈ Using the trust's clothes unnecessarily.
◈ Taking the dirhams out of the bag.
◈ Opening the bag's string.
If the trust is lost under these circumstances, he will be liable, as his transgression was the cause.
⑧ Claim of the Trustee
If the trustee claims that:
✔ He has returned the trust to the owner or his representative, or
✔ His negligence was not involved in the loss of the trust
Then his statement will be accepted with an oath, because he is the trustee, and the principle is that a person should be considered truthful until there is evidence against him.
This is in accordance with Allah Almighty's command:
﴿إِنَّ اللَّهَ يَأمُرُكُم أَن تُؤَدُّوا الأَمـٰنـٰتِ إِلىٰ أَهلِها...﴿٥٨﴾... سورة النساء
"Allah commands you to return the trusts to those to whom they are due."
Reference: An-Nisa:4/58
However, if he claims that the trust was lost due to fire or some accident, he must present witnesses to that event.
⑨ Immediate Payment on Demand
Whenever the owner demands their trust, it is obligatory for the trustee to pay it immediately.
If they delay, and during that time the trust is lost, they will be liable, because they committed a forbidden act by delaying payment despite the demand.
واللہ اعلم بالصواب
