Continuing Amanah or Trusts

Continuing Amanah or Trusts

You sought the person’s permission and mixed his R100 with your R100. The entire amount will be regarded as a partnership. If it is stolen, both the amounts will be considered to be stolen and there is no need for any compensation. If part of the money is stolen and part is left behind, then from the money which has been stolen, half will be considered to be yours and half his. If one person had given R100 and the other R200, then the amount that is stolen will be calculated accordingly, e.g. if R12 is stolen, R4 of the person who gave R100 will be considered to be stolen and R8 of the person who gave R200. This rule will only apply if it was mixed with his permission.

If you mix it without his permission, the rule that has been mentioned previously will apply. That is, by mixing the money of amanah with your money without the owner’s permission, that amanah becomes a debt. That money no longer remains an amanah. Whatever money from there disappears will be regarded as yours and you will have to repay him.

A person kept a goat or cow as an amanah with you. It is not permissible for you to drink its milk or benefit from it in any other way. However, it will be permissible for you to do so if you obtain his permission. Whatever milk you drink without permission will have to be paid for.


A person kept clothing, jewellery, a bed, etc. as an amanah. You cannot use these items without permission. If you use these items without permission and while using them, the clothing gets torn or stolen, or the jewellery or bed breaks or gets stolen, then in all these cases you will have to pay compensation. However, if you repent from this action and keep these items away safely and thereafter they disappear, you will not have to pay any compensation.


You removed the clothing which was given to you as an amanah from the cupboard with the intention that you will wear it in the evening for a particular occasion. However, before you could wear it, it got stolen. You will still have to pay compensation.

The cow or goat which was given to you as an amanah fell ill. You gave it medication. Because of this medication it died. You will have to pay compensation. If it dies without your giving it any medication, you will not have to pay any compensation.

A person gave you some money. You kept it in your wallet or cash pocket. However, this money did not go into your wallet or cash pocket. Instead, it fell down but you were under the assumption that it is in your wallet or cash pocket. You will not have to pay any compensation.

When a person asks for his amanah, it is wajib to hand it over to him immediately. It is not permissible to delay without any valid excuse. A person asks you for his amanah. You reply that you are busy now and that he must take it from you tomorrow. The person agrees – there is no harm in this. If the person is not happy about taking it tomorrow and goes away angrily, that item will no longer be regarded as an amanah. If it disappears, you will have to pay compensation.

A person sent someone to collect his amanah. You have the right of refusing to hand it over to this person with the message that the person must come himself and that you will not give it to anyone else. If you hand it over to this messenger thinking him to be honest and later the owner says that he did not send him, the owner can demand the item from you. You can take the item back from that person. If the item is no longer in his possession, you cannot demand the money for it from him but the owner can demand it from you.