Wadi'a: the deposit of trust

Islamic Fiqh > Endowments (waqf) and property > Wadi'a: the deposit of trust

Wadi'a (deposit of trust): definition, the depositary's obligations, the liability rule in case of loss, and the deposit's fate upon the depositary's death.

Updated on 06 October 2026 at 10:50 PM

Wadi'a (safe-keeping deposit) from A to Z: pillars and conditions, the depositee's liability, what he may do, dispositions, mixing, loss and denial.

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The evidence among the classical schools

Bada'i al-Sana'i by al-Kasani · Hanafi school

for travel is the place of danger, unless he fears its loss with him: he was thus compelled to go out with it, and he went out without it entering into his liability; for the going out, in this situation, is a determined way of safeguarding, as when a fire breaks out in his house, or he was on a ship and feared drowning, and entrusted it to another.

And if he said to him: keep the deposit in this house of yours, and he kept it in another house of his: if the two houses are equal in safety, or the second safer, it does not enter into his liability, for the restriction has no effect; and if the first was safer.

Al-Mughni by Ibn Qudama · Hanbali school

because the depositary is doing a liberality in keeping it; the liberality is therefore not owed of him in the future.

Question 1066; he said: "There is no liability upon the depositary, so long as he does not exceed (his mandate)".

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