What is the liability of a trustee who is a child or insane person when the deposited item is destroyed while in their care?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If a person deposits an item with a child or an insane person, and the item is destroyed, the trustee is not liable, regardless of whether they were diligent or negligent in safeguarding it.
Supporting text
However, if the trustee actively destroys or consumes the deposited item, there is a difference of opinion regarding liability. According to the ruling of the Qadi (judge) and the apparent position of the Shafi'i school, they are liable. Some jurists of our school, aligning with Abu Hanifa, maintain that there is no liability because the depositor authorized destruction by handing it over, similar to giving a knife to a child who then injures themselves (liability resting on the 'aqilah/blood relatives).