Is the custodian liable if the trust property is destroyed due to environmental hazards like fire or flood?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the owner instructs the custodian to keep the property in a specified location and the custodian does so without fearing harm, there is no liability, as the custodian is complying with the order and is not negligent. If the custodian fears a flood or destruction and moves the property to a safer repository where it is subsequently destroyed, there is no liability, as moving it in such circumstances constitutes preserving it, which is required.

Supporting text

If the custodian leaves the property exposed to danger and it is destroyed, whether by the feared event or otherwise, liability is incurred due to negligence in safeguarding it, as preservation in this instance required moving it.