What is the ruling on someone who said, "I have a deposit for so-and-so," and described it, or evidence was established for it, or the heirs affirmed it, then he died and the deposit was not found – does he guarantee it?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
If the deposit is proven by confession or by evidence, and the custodian dies and the deposit is not found, then it is guaranteed and becomes a debt upon the estate. The reason for the guarantee is his failure to bequeath it, because by exposing it to loss through his failure to bequeath it, he guarantees it. The Shafi'is have stipulated that neglecting to bequeath a deposit necessitates a guarantee, and if the custodian falls ill with a life-threatening illness or is imprisoned to be executed, he is obliged to bequeath it. If he remains silent about that, he is liable for the guarantee.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/187364
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 187364
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy