Chapter on Deposits (al-Wadīʿah)
If the deposited item is lost while mixed with the custodian’s own property and he neither exceeded the limits nor was negligent¹, he bears no liability.

He must, however, keep it in a place of safekeeping appropriate to that type of property. Should the owner designate a particular place and the custodian store it somewhere less secure, he is liable; if he places it in the designated spot or in one equally secure, or otherwise secures it properly, he is not liable.

If he withholds fodder from an animal without the owner’s permission, he is liable. If the owner told him to keep the item in his inner pocket but he left it in his sleeve or in his hand, he is liable—and the converse applies in reverse circumstances. If he entrusts it to someone who normally protects his own property—or the owner’s property—he is not liable; the opposite is true when he gives it to a stranger or to a judge, and neither of them is answerable if they were unaware of the matter.

Should fear arise or he need to travel, he must return the deposit to its owner; if the owner is absent, he may take it with him² provided he can keep it secure, otherwise he must deposit it with a trustworthy person.

Anyone entrusted with an animal who rides it for a purpose that brings it no benefit, or with a garment which he then wears, or with money which he removes from its secured place and later returns, or who breaks its seal or the like³, or mixes it with indistinguishable property so that the whole is lost, is liable.

Section
The custodian’s statement is accepted when he says that he has returned the deposit to its owner, or to someone else with the owner’s permission, and concerning its loss and his lack of negligence. If, however, he says, “You never deposited anything with me,”⁴ and the deposit is later proven by witness testimony or by his own admission, and he then claims to have returned it