What is the legal status of a deposited item when the custodian dies and the specific item is not found in the estate?

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When a custodian dies and the specific deposited item is not found, the deposited item becomes a debt (*dayn*) owed from the estate. If there are other debts, the deposit debt and the other debts share the estate proportionally. This ruling is held by Al-Sha'bi, Al-Nakha'i, Dawud ibn Abi Hind, Malik, Al-Shafi'i, Abu Hanifa and his companions, and Ishaq. This ruling is based on the principle that both obligations (the debt and the deposit obligation) arose against his estate, making them equal like two debts. This applies whether an item of the same nature as the deposit exists in the estate or not.