Thus, it is PERMISSIBLE to deposit one's valuables with someone for safekeeping. If a person is capable of safeguarding a trust, it is RECOMMENDED for them to a

((والله في عون العبد ما دام العبد في عون أخيه)). "Allāh is in the aid of His servant as long as the servant is in the aid of his brother.” [Muslim] However, if a person knows they are unable to safeguard the deposit, it is IMPERMISSIBLE for them to accept it. --------- PILLARS This arrangement stands on 3 pillars: 1. The depositor المودِع (the owner of the property) 2. The custodian المودَع عنده/الوديع (the trustworthy person to whom the trust is entrusted) 3. The deposit الوديعة (the property/trust) ------------ المسألة الثانية: شرط صحتها Condition for Its Validity For a wadīʿah to be valid, the custodian must be legally competent (جائز التصرف). If a legally competent individual deposits their wealth with a minor, an insane person, or a reckless spender (السفيه), and the deposit is lost or damaged, there is no liability, as the depositor was negligent. However, if a minor or someone similar entrusts their wealth to another person, that person becomes liable for any loss or damage, as they exceeded their authority by accepting it. 2. Mutual consent 3. The item/property being deposited must be محترم (not impermissible). -------------- المسألة الثالثة: الأحكام المتعلقة بالوديعة Rulings Related to Wadī’ah 1. A wadīʿah is considered a trust (amānah) in the hands of the trustee (المودَع عنجه). Therefore, the trustee is not liable for any loss or damage unless they were negligent, as it falls under the general category of trusts. A trustee is not held accountable unless they act wrongfully, based on the hadith: ((لا ضمان على مؤتمَن)) “There is no liability upon a person entrusted with something.” [Narrated by Ad-Dāraqutnī and Al-Bayhaqī, and deemed sound by Al-Albānī based on multiple chains of narration] The custodian is a good-doer, and Allāh ﷻ said: ﴿مَا عَلَى ٱلۡمُحۡسِنِینَ مِن سَبِیلࣲ﴾ "There is no blame on the good-doers." [Surah At-Tawbah: 91] BENEFIT: The depositor/المودَع is Ameen, the renter/المستأجِر is Ameen, the partner in a profit-sharing arrangement/المضارِب is Ameen, and the borrower/المستعير is Ameen; all of these individuals hold their positions in trust. This means (1) they are not liable unless they act negligently or cause harm, and (2) in case of a dispute, their statement is given precedence over that of the other party. 2. If the custodian damages the deposit or neglects its safekeeping, he will be liable for it if it is lost or damaged, because he is responsible for the destruction of someone else's property. NOTE: The criterion for determining negligence and transgression is customary practice (العُرف). 3. The custodian must keep the deposit in a place of safekeeping similar to what is customary for such items, because Allāh Almighty has commanded the fulfillment of trusts to their rightful owners, and this can only be achieved by preserving them. The purpose of the deposit is preservation, and the custodian is obligated to do so. If he fails to preserve it, he has not fulfilled his obligation. 4. The custodian may entrust the deposit to someone who is accustomed to safeguarding property, such as his wife, servant, treasurer, or employee. If the deposit is lost or damaged in their care without negligence or misconduct, they are not liable. 5. It is not permissible for the custodian to entrust the deposit to another person without a valid reason. However, if there is a valid excuse, such as travel or the impending death of the custodian, it is permissible. If the custodian deposits it with another due to a valid reason and it is lost, he is not liable. If it is deposited without a valid excuse and lost, the custodian is liable due to his negligence or misconduct.