What is the ruling if the custodian deposits the item with a family member, such as his wife or servant?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 9 · Bab 1

Open in Qurani

Primary text

If the custodian deposits it with someone habitually entrusted to safeguard such items for him, like his wife or servant, he is not liable. This is stipulated by Ahmad and aligns with the opinion of Abu Hanifa, as he safeguarded it in a manner consistent with how he safeguards his own property.

Supporting text

Al-Shafi'i holds him liable because he delivered the deposit to someone the owner did not explicitly approve, unlike an unknown third party.