He must keep the deposit in a place that people ordinarily regard as secure for such property. If the owner has specified a particular place and the custodian stores it elsewhere without necessity, he is liable. The same applies if he fails to feed an animal without the owner’s consent, or the owner says, “Put it in your pocket,” yet he leaves it in his hand or sleeve; in all these cases he is liable, while the reverse is not. (1)

He may hand the deposit over to someone who habitually safeguards his own property or that of the owner, but not to a judge or an unrelated outsider; if both parties are unaware of the transfer, ultimate liability rests with the original custodian. Should a general danger arise, he must return the deposit to its owner.

He may travel with it while the owner is present, according to the explicit ruling, so long as the owner has not prohibited him; if he fears for its safety, he should entrust it to a reliable person.

If the custodian (2) rides the entrusted animal for a purpose from which it gains no benefit, or wears deposited clothing for a reason other than protecting it from moths, or removes coins and the like from their secure place, or breaks its seal, or mixes the deposit with indistinguishable items and it is subsequently lost, he is liable.

His statement is accepted concerning having returned it to its owner—or to another with the owner’s permission—its loss, and the absence of negligence.

If, however, he says, “You never entrusted me with anything,” and the entrustment is later proven, his claim that he had already returned it or that it was lost before his denial is not accepted, even if he produces evidence. This ruling does not apply when he merely says, “You have nothing with me,” or similar words. Nor is an heir’s claim of having returned it accepted without proof. The custodian, or whoever stands in his place, may pursue a usurper for the property.

Chapter on Reviving Dead Land

Whoever revives land that has no owner and is not connected to the public needs of inhabited areas (3) becomes its owner—whether Muslim or non-Muslim—with or without the ruler’s permission, whether the land was originally conquered by force or otherwise.