The custodian is deemed a trustworthy agent. His word is accepted when he claims that he has returned the deposit to its owner—or to someone legally acting on the owner’s behalf. It is likewise accepted when he swears that the item perished without any negligence on his part, for he is a trustee, and Allah has called such property a “trust,” saying, “Indeed, Allah commands you to render trusts to whom they are due” (Q 4:58). The default presumption is his freedom from liability unless some indication of falsehood appears. The same applies if he alleges that the deposit was destroyed by a manifest calamity such as a fire: his statement is not admitted unless he produces evidence that the calamity actually occurred.

If the owner demands his property and the custodian, without a valid excuse, delays returning it until the item is lost, the custodian must make restitution, for retaining it after the owner’s request is unlawful. Allah knows best.