6. If the custodian fears for the deposit or intends to travel, he must return it to its owner or the owner's representative. If neither is available, he should

Similarly, if the custodian is gravely ill, he must return the deposit to its owners. If he is unable to, he should entrust it to the authorities or to someone he trusts. 7. If the deposit is an animal, the custodian must feed and care for it. If he neglects it and it is lost, he is liable and sinful for his negligence, as there is reward for every living being that is cared for. Narrated Abu Hurairah (May Allāh be pleased with him): Allāh's Messenger (ﷺ) said: ((فِي كُلِّ كَبِدٍ رَطْبَةٍ أَجْرٌ)) "While a man was walking he felt thirsty and went down a well and drank water from it." [Sahih al-Bukhari, 2363] NOTE: By agreeing to care for an animal, the custodian implicitly commits to taking all necessary measures to ensure its well-being, including feeding it. 8. The custodian is considered trustworthy, and his statement is accepted if he claims to have returned the deposit to its owner or the owner's representative. His statement is also accepted under oath if he claims that the deposit was lost without negligence or misconduct. The custodian should not delay returning the deposit when the owner requests it. If he delays without a valid reason and the deposit is lost, he is liable. NOTE: Wadī‘ah is a contract that can be revoked by either party. 9. Contemporary Forms of Deposits: One modern example of deposits is bank deposits, where individuals place monetary funds in banks for a specified or indefinite period. The bank utilises these funds and pays the depositor a fixed financial return. This type of deposit is essentially considered a loan, as the bank assumes ownership of the deposited amount, becomes liable for it, and commits to returning an equivalent amount upon request. Under this structure, it falls under riba, and Muslims should be cautious to avoid engaging in it. However, deposits that do not yield interest, such as current accounts, are permissible since the depositor does not receive any additional amount beyond their original funds. If a person is forced to accept interest due to unavoidable circumstances—such as being required to deposit money in certain banks to avoid significant financial harm—they may accept the additional amount but should allocate it towards public welfare projects benefiting the Muslim community. ----------- المسألة الرابعة: الإتلافات Liability for Damage/Loss It is forbidden to unlawfully seize or damage others' property. Anyone who wrongfully takes or destroys another person’s legitimate property must provide compensation. Similarly, anyone who causes damage to another’s property—whether by untying a restraint, opening a door, or similar actions—is liable. If a person owns livestock, they are responsible for keeping them secured at night to prevent them from damaging crops or harming people. If the owner neglects this duty and damage occurs, they are liable. This is based on the ruling of the Prophet ﷺ, which states that property owners must safeguard their assets during the day, while livestock owners are responsible for their animals at night. Any harm caused by livestock at night is the owner's responsibility because the wealth and lives of Muslims are inviolable, and it is prohibited to trespass upon or endanger them.