Al-Wadi'ah (Trusts)
If the Entrusted Sum was Lost Without Injustice on the Part of the Trustee, He is not Responsible
Question :
A person says: "I was in a foreign country and a brother gave me a sum of money to take care of as a trust, until he should return from his travels, knowing that if this sum was found in my possession at the airport, it would be confiscated from me, because that country does not allow this money to be taken out, since it is in excess of the permitted amount. So the money was found in my possession and taken from me - bearing in mind that I put it with some of my own money, which was also confiscated from me, what is the ruling on returning this money?"
Answer:
Deposit is a trust and if it was lost while in one's hands without injustice on his part, then there is no obligation upon him; and if the matter is as you state, then you are not obliged to compensate him. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Companions.
The Ruling on Utilizing Trusts and Investing Them
Question :
A person entrusted a sum of money to me and I used this money to invest, then when the owner of the money came to me, I returned his money to him in full, but I did not inform him of how I had benefitted from his money was my use of it permissible or not?
Answer:
If someone entrusted a sum of money to you, then you are not allowed to use it except with his permission and it is incumbent upon you to take care of it, just as you would take care of anything else. But if you used it without his permission,
you must ask his permission, and if he agreed (then well and good), but if he did not, then give him the profit on his money, or come to an agreement with him that you will pay him half or so, because it is permissible for the Muslims to make settlements between them, unless it is a settlement which forbids what is permissible or permits what is forbidden.
Source:
Fatawa Islamiyah, Vol. 5 Pages 22-23
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