Book of Deposits (Wadi‘ah)

1. Whoever lacks the ability to safeguard the deposit is forbidden to accept it. If he can safeguard it yet doubts his own integrity, acceptance is disliked; if he trusts his honesty, accepting the deposit is recommended.

2. The legal qualifications for both depositor and depositary mirror those required of a principal and his agent. A verbal formula from the depositor is necessary, such as, “I entrust this to you,” “Safeguard this for me,” or “I appoint you to keep it.” The sounder opinion holds that an explicit verbal acceptance is unnecessary; taking physical possession suffices.

3. If a minor or an insane person tries to entrust property, the depositary should not accept it; should he do so, he is liable. If property is entrusted to a minor and is lost while in his custody, he is not liable, but if he destroys it, he is liable on the sounder view. One interdicted for prodigality is treated like a minor.

4. The deposit terminates upon the death of either party, or upon the depositary’s insanity or loss of consciousness. Either party may reclaim or return the item at any time.

5. By default the deposit remains an amānah (a trust), but it can become a guaranteed liability under certain contingencies—for example, if the depositary re-entrusts it to someone else without permission or valid excuse, in which case he is liable. Some add that if he re-entrusts it to a judge he is not liable.

6. So long as he retains possession, the depositary may seek assistance to carry the item to a secure place or to store it in a common vault.

7. If he plans to travel, he must return the deposit to the owner or the owner’s agent; failing that, to the judge; if no judge is available, then to a trustworthy person. Should he bury the item somewhere and leave, he is liable. If, however, he informs a trustworthy resident of its location, he is not liable on the sounder opinion.

8. Travelling with the deposit renders him liable unless a fire or a raid breaks out and he cannot find anyone to receive it, as previously discussed. Fire, local raids, or the imminent collapse of the place of safekeeping are excuses akin to travel.

9. If he falls gravely ill, he should return the deposit to the owner or the owner’s agent; otherwise, to the judge, a trustworthy person, or he should include it in his will. Failure to do so makes him liable, unless he was unable, such as dying suddenly.

10. Another case that incurs liability is moving the deposit from one district or container to another that is less secure