What is the legal status of the custodian (Mawdi') regarding the safekeeping of the deposited property (Wadi'ah)?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

The custodian is considered a trustee (Amin). In the case where the custodian claims the deposited property has been lost after taking possession, the custodian's assertion is accepted without dispute. Ibn al-Mundhir reports the consensus of scholars that the custodian's word is accepted regarding loss upon taking an oath. Furthermore, if the custodian claims to have returned the property to its owner, the custodian's word is accepted upon taking an oath. This view is held by Al-Thawri, Al-Shafi'i, Ishaq, and the Ashab al-Ra'y (School of Opinion). Malik agrees if the deposit was given without documentation, but requires documentation if the deposit was made with proof.