Is a trustee liable if they take the deposited item out with the intention of using it but subsequently refrain from using it?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 2 · Bab 1

Open in Qurani

Primary text

The trustee is liable if they remove the item with the intention of usage, even if they do not actually use it. This position is held by Al-Shafi'i. The evidence is that removing the item constitutes an encroachment (*ta'addi*), which is analogous to actual usage.

Supporting text

Abu Hanifa maintains that liability only arises upon actual usage, arguing that if the trustee removed it only for transportation, they would not be liable.