Chapter

The statement of the depositary is accepted regarding his having returned it to its owner—or to someone else with the owner’s permission—its destruction, and the absence of negligence. …

His statement, “The statement of the depositary is accepted regarding his having returned it to its owner—or to someone else with the owner’s permission—its destruction, and the absence of negligence,” comprises three issues:

The first issue: if the depositary claims that he returned the deposited property to its owner—for example, if someone deposits dirhams with another person, then after some time comes to demand them and the latter says, “I returned them to you”—then the depositary’s statement is accepted, for two reasons:

First: Allah’s saying, “There is no blame upon the doers of good.” [al-Tawbah: 91] The depositary is undoubtedly a doer of good. If there is no claim against him, then, when the owner claims that he did not return it, the depositary’s statement is accepted; for if we were to accept the owner’s statement, there would be a claim against one who has done good.

Second: we say to the depositor: you have entrusted this man with the deposited property, so he must be regarded as trustworthy in returning it to you, just as you regarded him as trustworthy in safeguarding it. A trustee is anyone into whose possession property comes by authorization of the Sacred Law or by permission of its owner. This is a clear analogy. Thus, there is evidence from revelation and from analogy.

Accordingly, we have a principle:

Whoever takes possession of an item for the owner’s benefit, his statement concerning its return is accepted.

Whoever takes possession of an item for his own benefit, his statement concerning its return is not accepted.

And whoever takes possession of an item for both his own benefit and that of its owner, his statement is likewise not accepted, giving precedence to the consideration of liability.