What is the legal ruling regarding guaranteeing a trust (a weapon) that was stolen from the home after its owner refused to take possession of it for years, and compensation was offered to him, but he refused it, while accusing the trustee of theft?
A trust (wadi'ah) is an amanah (something held in trust) and is not guaranteed except in cases of negligence (tafrit). If the trust perishes without negligence, the statement of the trustee (al-muda') is accepted under oath. If the trust is kept in a secure place appropriate for it and is stolen, there is no guarantee.
If the depositor (al-mudi') requests the trust but its owner does not take it, the trustee's guarantee is not lifted unless he vacates the trust and its owner, enabling the latter to take it without hindrance. If a guarantee becomes obligatory upon the trustee, it should be fulfilled with a similar item if found, otherwise with its value.
It is not permissible for the depositor to accuse the trustee of theft or betrayal without clear evidence. Referring the matter to the judiciary is the most appropriate course of action in the event of a dispute.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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