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Fatawaa


Subject : A Trustee is Obliged to Discharge the Trust Exactly as Written or Requested

Fatwa Number : 3106

Date : 03-09-2015

Classified : Deposit

Fatwa Type : Search Fatawaa


Question :

A person kept a sum of money with another person as a deposit where he attached a letter clarifying to whom it should be delivered. What is the ruling on this? And is it permissible to avoid handing this deposit to the person mentioned in the letter?



The Answer :

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

Keeping the trust or the deposit safe and fulfilling it precisely is an obligation, as guided by Allah the Almighty Who says, " God doth command you to render back your Trusts to those to whom they are due." [An-Nisa/58]. He the Exalted alsosays(What means):" Let the trustee (Faithfully) discharge His trust, and let him fear his Lord." [Al-Baqarah/283]. Besides, the Prophet(PBUH) said (What means):" Pay the deposit to him who deposited it with you, and do not betray him who betrays you."{Abu Dawoud}.

Moreover, the trustee is obliged to fulfill the deposit or the trust exactly as written or requested by the person who deposited it  with  him and to give it to the same person or persons specified in the letter. Further, it is stated in [`E`anat At-Talibeen 215/4] "Fulfilling the trust precisely is an obligation." 

 Finally, the trustee is obliged to fulfill the trust or the deposit exactly as requested, and he is not permitted to hinder or postpone fulfilling it in any case. And Allah knows best.




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