بسم الله الرحمن الرحيم

Kitāb Al-Buyoo’ (Fiqh Al-Muyassar) Lesson 13 Notes (5 Sha’bān 1446 H - 4/2/25) Continuation... الباب الرابع عشر: الوديعة والإتلافات The 14th Subchapter: Deposits (Entrusted Items) and Liabilities for Damage/Loss المسألة الأولى: تعريفها وأدلة مشروعيتها Definition and Evidence for Its Permissibility DEFINITION: LINGUISTICALLY لغة: فعيلة من ودَع الشيء إذا تركه. The term "Wadī’ah" is derived from the verb "wada’a," meaning to leave something. Allāh ﷻ said: ﴿مَا وَدَّعَكَ رَبُّكَ وَمَا قَلَىٰ﴾ "Your Lord (O Muhammad ﷺ) has neither forsaken you nor hates you." [Surah Aḍ-Ḍuḥā: 3] * Wadī’ah is named as such because it is left with the custodian for safekeeping. LEGISLATIVELY الوديعة هي عين يضعها مالكها أو نائبه عند من يحفظها بلا عوض. A wadī’ah is a tangible asset that its owner or their representative entrusts to someone for safekeeping without compensation. NOTE: It is permissible for the custodian to stipulate a fee for the deposit, and this is the view of the majority. This is because the deposit is a form of وكالة (agency) for safekeeping, and it is permissible to stipulate a fee in wakālah agreements, so the same applies to deposits. NOTE: It is not permissible to use the deposit without the depositor's permission, otherwise it becomes غصب (unlawful seizure of someone's property) Sheikh Ibn Baz, may Allāh have mercy on him, was asked: "A person entrusted me with money, and I benefitted from this money and invested it. When the owner of the money came to me, I returned his full amount but did not inform him of the profit I gained from his money. Is my action permissible or not?" He replied: "If someone deposits something with you, you are not allowed to use it except with their permission. You must safeguard it in a manner appropriate for such items. If you used it without their permission, you must seek their forgiveness. If they allow it, then fine; otherwise, you should give them the profit from their money, or come to an agreement with them for half or another arrangement. والصلح جائز بين المسلمين إلا صلحا حرم حلالا أو أحل حراما Settlement is permissible between Muslims, as long as it does not make lawful what is forbidden or forbidden what is lawful." [Fatwas of Sheikh Ibn Baz (19/411)] BENEFIT: Differences between: 1. الوديعة vs الإجارة Wadī‘ah is a non-compensatory agreement, whereas Ijārah is a compensatory contract, with payment made in the form of rent or wages. 2. الوديعة vs العارية The custodian is not allowed to use the wadī‘ah unless explicitly authorized by the depositor, whereas the borrower has the right to use the asset lent to them. 3. الوديعة vs القرض The custodian does not own the wadī‘ah but is required to return the exact item when the depositor requests it. In contrast, the mustaqriḍh becomes the owner of the qarḍh, allowing them to use it freely and return an equivalent amount. ----------------- RULING Wadī’ah is permissible as indicated by the Qur'ān, the Sunnah and Ijmā’. QUR'ĀN 1. ﴿فَلۡیُؤَدِّ ٱلَّذِی ٱؤۡتُمِنَ أَمَـٰنَتَهُ﴾ “Let the one who has been entrusted discharge his trust.” [Surah Al-Baqarah: 283] ﴿إِنَّ ٱللهَ یَأۡمُرُكُمۡ أَن تُؤَدُّوا۟ ٱلۡأَمَـٰنَـٰتِ إِلَىٰۤ أَهۡلِهَا﴾ “Indeed, Allāh commands you to render trusts to their owners.” [Surah An-Nisāʾ: 58] POINT OF EVIDENCE: One should return the entrusted item to its owner who entrusted it to him; this indicates the permissibility of Al-Wadī’ah, because trust is the essence of the deposit. SUNNAH Narrated Abu Hurayrah (may Allāh be pleased with him): The Prophet ﷺ said: ((أَدِّ الأَمَانَةَ إِلَى مَنِ ائْتَمَنَكَ وَلاَ تَخُنْ مَنْ خَانَكَ )) “Render the trust to the one who entrusted you and do not betray the one who betrays you.” [Narrated by Abū Dāwūd and At-Tirmidhī, authenticated by Al-Albānī] The necessity and need calls for the permissibility of safekeeping possessions when required.