What is the obligation of a depositary (Mudi') when the depositor does not specify where the deposited item should be kept?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a depositor entrusts an item as a deposit (*wadi'ah*) without specifying the place of its safekeeping, the depositary must keep it in a secure place (*hirz*) appropriate for that item, choosing any location he deems fit. If the depositary places the item in one secure place and then moves it to another secure place of equal standing or lower security, he is not liable for loss. This is because the owner has deferred the matter of safeguarding to the depositary's discretion and judgment, permitting him to secure it using any means appropriate for its safekeeping. Since there would be no liability if the item were left in the second location initially, the liability remains absent upon relocation.