Is it permissible to dispose of gold deposited as an amanah (trust) for another person, such as by borrowing a portion of it, and does the ruling differ if the owner of the gold is aware of this?
If a mother deposits gold with her son to be handed over to his brother after her death, this is a bequest to an heir, and it is not valid unless approved by the adult, sane heirs after the mother's death. If they approve it after her death, it is executed; otherwise, it is not. The bequeathed property is a trust (amana) that may not be disposed of except in a way that benefits the legatee, or with his permission if he is of sound judgment. The deposited item must be returned in its original state, and if any part of it was sold, it must be compensated. It should be noted that a father's bequest to some of his children of an amount equivalent to what he gave their siblings is not correct, for giving should be according to the need at that time.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 21156
- 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