What do the esteemed jurists say concerning the following?

A man has kept a deposit in another man’s house, entrusted to his care, for more than ten years. Its amount has increased and decreased, and it has been kept in a chest without a lock, with the owner’s knowledge. The custodian became so gravely ill that he was at the point of death, while the owner was staying with him day and night. He repeatedly asked the owner to take back his deposit or secure it with a lock, but he did neither. The deposit alone then disappeared from its place of safekeeping—without any negligence—and the custodian did not know whether it had disappeared during his illness or while he was healthy.

In these circumstances, must the custodian compensate for it or not? May its owner compel the custodian to pay for it and subject him to coercion through the authorities, or is it forbidden for him to pursue this demand through them? If he persists, must the ruler—may Allah grant him success—restrain him and deter him from doing so, or not? Please give us your ruling; may you be rewarded, if Allah Most High wills.

He replied:

Praise be to Allah. If the circumstances are as described, and the deposit disappeared without negligence or wrongdoing on the custodian’s part, together with his own property, then he is not liable to compensate for it, by agreement of the imams. Likewise, if it disappeared because of its owner’s negligence, as described, the custodian is not liable, whether it was lost alone or together with his own property.