Amanah or Trusts

1.  A person came and gave you something to keep as an amanah and you accepted it. It is now wajib on you to safeguard it. If you display any shortcoming in safeguarding the item and it gets lost, you will have to compensate for it. However, if you did not display any shortcoming in safeguarding the item and it still gets lost either by being stolen or getting burnt when your house caught on fire, etc. then that person cannot demand any compensation from you. In fact, even if at the time of accepting the amanah you said to the person that you are responsible for it and that he can take the money for it if it gets lost, he does not have the right to demand any compensation. Compensating him out of your own free will is another matter.

2.  A person comes and says: “I am going for some work. Please keep this item for me.” You reply: “Okay leave it here.” Alternatively, you do not say anything but merely remain silent. That person leaves it with you and goes away. This becomes an amanah. However, if you clearly state that you are not going to keep it and that he should keep it with someone else or you do not accept it and yet the person keeps it with you and goes away, then that item will not be an amanah. However, if you pick up that item and keep it away after the departure of the person, it will become an amanah.

3.  Several women were sitting together. A lady comes, keeps an item with them and goes away. It is wajib on all of them to safeguard that item. If they leave that item behind and go away and it disappears thereafter, they will have to pay compensation. If all of them did not leave at once but left one after the other, it will be the responsibility of the last person to safeguard the item. If she leaves that place and the item disappears, compensation will be taken from her.

4. The person who has an amanah with her has the right to keep the item with her and safeguard it or to give it to her mother, sister, husband or any such relative who lives in the same house as hers and by whom she also keeps her possessions at the time of need. However, if any of the relatives are not trustworthy, it will not be permissible to keep it with them. If she intentionally gives it to such an unreliable person, she will have to pay compensation in the event of that item disappearing.