“The custodian who does not act treacherously (al-mughil) bears no liability.” Al-mughil means the betrayer. Another wording states, “There is no liability upon one who has been trusted.” Since the custodian safeguards the property without payment, holding him liable would make people refuse deposits, thereby harming the public and obstructing an important benefit.

By contrast, whoever assaults the deposit or is negligent in protecting it must make restitution if it is lost, for he has destroyed another person’s property.

One of the rulings of entrustment is that the custodian must keep the item in a secure place suited to its nature, just as he would safeguard his own belongings. Allah the Exalted commands, “Indeed, Allah orders you to render trusts to their owners” (Qur’an 4:58), and the trust cannot be returned unless it is preserved. Moreover, when the custodian accepted the deposit he undertook to guard it, so he is bound by that undertaking.

If the deposit is a beast of burden, the custodian is obliged to feed it. Should he withhold fodder without the owner’s permission and the animal die, he is liable, for feeding an animal is commanded. Along with liability, he also sins for starving or withholding water from it until it dies, because feeding and watering it is a duty owed to Allah—it possesses sanctity.

The custodian may hand the deposit to those who customarily safeguard his own property, such as his wife, his slave, his storekeeper, or his servant. If the item perishes while with any of these persons without transgression or negligence, he is not liable, for he may guard it himself or delegate the task to someone who stands in his place,