What the depositee may do

This part of the chapter on the wadi'a (deposit) gathers the rules governing what the depositary may and may not do with the property entrusted to him: use authorized by the owner, spending and borrowing from the deposit, trading with it, moving it from one place to another, and traveling with it. The positions of the four schools (Hanafi, Maliki, Shafi'i and Hanbali) are set out with their arguments and classical references. The guiding principle remains constant: the deposit is a trust (amana), and the depositary incurs liability (daman) only through transgression or negligence.

Parts of this section

• The owner permits the use of the deposit (case 2)
• Trading with the deposit