Responsibility for Stolen Amaanat
Question
I received money from a friend for safekeeping. The money has been with me for a few months. However, when I recently looked for the money it was missing. I cannot accuse anyone of taking it without knowing any better. My question is am I liable to replace that money?
Answer
We understand the item referred to in the query was given to you as an Amaanat (trust) to keep. When such an item is damaged or lost, the trustee will not be liable for the damages or losses of the item if there was no negligence from the trustee. Hence, if there was no negligence from your side, you will not be liable. (Badaa’ius Sanaa’ee)
One form of negligence is if the item was not secured properly. Thus, if the item’s reasonable security and protection were neglected, the trustee will be responsible for the damage or loss of the item entrusted to them. (Badaa’ius Sanaa’ee)
And Allah Ta’ala Knows Best
- Answered by
- Mufti Muhammed Hamza Farooqui, Mufti Taahir Hansa
Fatawa SA is an independent, read-only index of fatawa already published by Jamiatul Ulama KZN. It is not a fatwa service. For your own situation, ask the issuing Darul Ifta directly.