Chapter on Deposits (al-Wadīʿah)
Introduction
The word wadīʿah is on the pattern faʿīlah with the sense of mafʿūlah; it comes from al-wadaʿ (to leave something), because the item is “left” with the custodian. ʾĪdāʿ means authorising someone to safeguard property, and istidāʿ likewise involves such an authorisation.
Legally, a wadīʿah is when the owner authorises another person to keep his property in safekeeping without any payment.
Its legitimacy is affirmed by the Qur’an, the Sunnah, and scholarly consensus.
• Qur’an: “Indeed, Allah commands you to return trusts to their owners.” (4:58)
• Sunnah: exemplified by the hadith cited at the head of this chapter.
• Consensus: the scholars unanimously permit it.
The scholars further agree that accepting a deposit is among the recommended devotional acts. Guarding it earns abundant reward, for the Prophet ﷺ said: “Allah remains in the aid of the servant so long as the servant is in the aid of his brother.” The need for deposits is constant, and they are a form of cooperation in righteousness. Allah the Exalted says: “And help one another toward righteousness and piety.” (5:2)
They also concur that the contract of wadīʿah is permissive and non-binding: if the owner demands his property, it must be returned at once; and if the custodian wishes to hand it back, the owner must accept it.
It is recommended to accept a deposit for anyone who trusts himself to be honest and capable of safeguarding it.
Al-Wazīr (Ibn Hubayrah) said: The scholars agree that a wadīʿah is a pure trust for which the custodian bears no liability unless he oversteps the bounds or is negligent. Even if the owner insists on a condition making him liable, that condition is void, and this, too, is a point of consensus.