Dispositions, sub-deposit and restitution

Islamic Fiqh > Endowments (waqf) and property > Wadi'a: the deposit of trust > Dispositions, sub-deposit and restitution

Updated on 25 September 2026 at 6:57 PM

This second part (conclusion) of the chapter on what the depositary may do treats ten questions: the depositary traveling with the deposit, disposing of the deposit by sale, lease, loan or pledge, sub-depositing it with a third party with or without an excuse, keeping the deposit with one's children or wife, returning a deposit shared among several partners, and the deposit claimed by two persons. Each question is treated with the positions of the four schools and their classical references. The guiding thread remains the same: defining from what point the depositary leaves his mission of safekeeping and becomes liable for the loss of the deposit.

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