The Obligation to Return Trusts

Question: I placed a trust with one of my relatives for safekeeping until such time as I might need it. The item is an official title deed. It remained with him until I asked for it back, but he refused to hand it over unless I paid him five thousand riyals as a fee for keeping it. I tried to give him one thousand riyals in appreciation of his honesty, yet he insisted on five thousand and even threatened to burn the deed and deny ever receiving it. I had no witnesses when I first gave it to him. If I were to meet his demand and pay the five thousand, would that money be lawful or forbidden for him? Is it permissible in Islamic law to take payment for safeguarding a deposit or not?

Answer: If, from the outset, there was an agreement between you and him that he would keep it for you in return for payment, then you are obliged to give him the amount you both agreed upon. However, if no such agreement existed and you merely handed him the trust to safeguard without stipulating a fee, it is forbidden for him to ask you for anything, because this is a trust. Allah, the Exalted, says, “Indeed, Allah commands you to render trusts to their owners” (4:58). He also says, “If one of you entrusts another, let him who is entrusted discharge his trust and let him fear Allah, his Lord” (2:283). Safeguarding a trust is an act of kindness and a form of cooperation in righteousness and piety.

Therefore, if he did not stipulate compensation from the beginning, he is not allowed to take anything in return, for this is considered a devotional act, and it is forbidden for him to demand payment. Yet if he refuses to return what you deposited with him unless you give him something, there is no sin on your part in paying him, so as to preserve and recover your right from him; but it is forbidden for him to take that money. Thus, what you hand over to him in this situation is lawful for you to pay, while for him it is prohibited to accept.