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The question

What should I do with the gold necklace that was found after its price was paid from zakat money, knowing that it was entrusted to me, and the one who paid for it considered me a person in debt, and that I am in need of money and indebted?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Firstly: Not every trust guarantees against its loss or damage.

Secondly: If it is proven that you are responsible for the deposit you lost and are unable to pay its value to the heirs, then it is permissible to pay to settle your debt, because you are among those in debt (al-Gharimin).

Thirdly: Do not give the deposit, once found, to the Zakat payer who gave you his money; because it does not belong to him, and it is not permissible for him to compensate for his obligatory Zakat with something else.

Fourthly: If the deposit was lost and then found after its value was paid, there is a difference of opinion among jurists regarding its fate: - Malik and Abu Hanifa are of the view that the deposit becomes the property of the one who paid its value and is not returned to its owner. - Shafi'i is of the view that it is returned to its owner, and the one who paid its value recovers what he paid. There is no difference between this issue and the issue of usurped property if it is lost and then found. According to Malik and Abu Hanifa, the deposit in this case becomes the property of the one who paid its value. As for Shafi'i's view, the deposit is returned to the heirs, and the Zakat money paid to you is recovered to settle another debt you owe.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
185574
Imported
Translation status
Source text, unreviewed
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