Is a minor or insane person liable for loss of property entrusted to them by the owner?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 2 · Bab 1

Open in Qurani

Primary text

No liability exists for a minor or an insane person regarding property whose possession was voluntarily given to them by the owner, such as sale proceeds, purchased goods, loans, or incurred debt. They are also not liable if the entrusted property, like a deposit (*wadi'ah*) or loaned item (*'ariyah*), is destroyed due to their negligence (*tafrit*).

Supporting text

If a minor or insane person destroys a deposit or a loaned item, there are two differing scholarly opinions regarding their liability for the damage.