Rulings of Deposits

**Nine Rulings:** **1. Trust Status:** The deposit is a trust in the depositary's hands. No liability if it is damaged without negligence or transgression. - **Hadith:** "There is no liability upon the trustee" [Daraqutni - hasan] **2. Liability for Negligence:** If he transgresses upon the deposit or is negligent in its safeguarding, he is liable if it is damaged - because he destroyed another's property. **3. Proper Storage:** The depositary must safeguard the deposit in storage appropriate for its type according to custom - because Allah commanded rendering trusts, which requires safeguarding. **4. Delegation:** The depositary may hand the deposit to whoever usually safeguards his property - like his wife, servant, or guard - even without permission. **5. Re-depositing:** It is not permissible to deposit it with another without excuse. With excuse (like travel or approaching death) it is permissible. If deposited with another with excuse and it is damaged - no liability. Without excuse - liable. **6. Fear or Travel:** If the depositary fears for the deposit or wants to travel, he must return it to its owner or his agent. If he cannot find them, he takes it on the journey if that is safer. Otherwise, gives it to the judge. If unable, deposits with someone trustworthy. **7. Animals:** If the deposit is an animal, the depositary must feed and care for it. If he neglects it and it dies, he is liable and sinful - due to its sanctity. **8. Trustworthy Status:** The depositary is trusted - his word is accepted if he claims he returned the deposit. His word with oath is accepted if he claims it was damaged without negligence. **9. Modern Banking Deposits:** Bank deposits where individuals deposit money for a fixed term or indefinitely, and the bank uses these funds and pays the depositor a fixed financial return: - This becomes like a **loan** since the bank owns the principal and guarantees returning the equivalent - With interest, this is **prohibited riba** - **Current accounts** (no interest) are permissible - If forced to accept interest due to necessity, one may take it and spend it on public Muslim welfare