What is the requirement for the validity of making a deposit (Wadi'ah)?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

The deposit (Wadi'ah) is only valid if made by a person legally competent to dispose of their property. If a child or an insane person deposits an item as a trust, they are liable for it upon taking possession. This liability is not removed by returning the item to them, but only by handing it over to their legal guardian, supervisor of their wealth, or a judge.

Supporting text

If the child is discerning (mumayyiz), their deposit is valid concerning matters for which they have been permitted to act, as they are treated as an adult in that regard.