Does a trustee who exceeds the terms of a trust (by using the entrusted property) become absolved of liability if they return the property to its original place with the original intention of safekeeping?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The trustee who wears an entrusted garment, rides an entrusted animal, or takes an entrusted deposit for personal use or storage, and subsequently returns it to its place with the intention of fulfilling the trust, remains liable (*dhamin*). This position is held by Al-Shafi'i. The supporting evidence is that liability was established due to the transgression (*ta'addi*), which nullifies the initial mandate of trust, similar to a situation where one denies possession and then admits to it.
Supporting text
Abu Hanifa holds that the trustee is absolved of liability because they are holding the item with the owner's permission, which is analogous to the state prior to the transgression.