What is the religious ruling regarding a man who sold a car entrusted to him—out of fear of its damage—then traded with its price and profited, so how should he return the trust to its owner upon his return after twenty years, knowing that the owner of the trust has no relatives?
Selling the deposited car for fear of its damage is permissible and a valid transaction, and its money is a trust that must be preserved. Scholars differed regarding the ruling on money generated from trading with a deposited item without permission. Some believe it belongs to the trader, some believe it belongs to the owner of the money, and some believe the deposited item should be returned to its owner and the profit be given as charity. What is obligatory is to return the car's price to its owner. As for the profit resulting from trading with this money, it is most appropriate, in light of the objectives of , that it be divided between you, in accordance with the judgment of Umar ibn al-Khattab in the story of the sons of Umar and Abu Musa al-Ash'ari, where he divided the profit between them and the Muslim treasury.
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Reviewed by El Fatwa's sharia committee.
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