Liability for Safe Deposit and Borrowing

“About the case of a man who claims that Wadi‘ah (safe deposit) were entrusted assets, abu ‘Abd Allah (a.s.), has said, ‘If a borrowed item is destroyed with the borrower he is not held liable unless it is stipulated.”’ In another Hadith it is said that if the borrower is a just Muslim he is not held liable.

“Abu ‘Abd Allah (a.s.), has said, ‘A borrower is not held liable for the item borrowed unless it is stipulated, except dinar which brings liability even if there is no stipulation.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the borrowed item; if the borrower was held liable for it. He (the Imam) said, ‘If whatever you borrow is destroyed, you are not held liable except gold and silver; which bring liability unless it is stipulated that even on being destroyed you are not held liable. You are held liable for all that you borrow and it is stipulated that you are liable. Gold and silver bring liability, even if no stipulation is set.’”

“I once asked abu Ja‘far (a.s.), about a borrowed item; if it was destroyed or was stolen. He (the Imam) said, ‘If the borrower is trustworthy he is not held liable.’ I then asked him (the Imam) about the case of a man who gave certain amount of assets to another person to use in business in which the worker had no share in the profit and the asset was destroyed or stolen; if this person was held responsible. He (the Imam) said, ‘The man is not responsible for the loss after being found trustworthy.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a borrowed item. He (the Imam) said, ‘The borrower has no liability if the item is destroyed if he is trustworthy.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the case of a man who borrowed clothes, then left it as al-Rahn (security deposit) with someone; then the owner came to take it. He (the Imam) said, ‘They can take their asset.’”

“This is concerning my question before abu ‘Abd Allah (a.s.), about the Wadi‘ah (safe deposit) of gold and silver. He (the Imam) said, ‘Whatever of Wadi ‘ah (safe deposit) for which liability is not stipulated does not make one liable.”’

“I once asked abu al-Hassan (a.s.), about the case of a man who borrowed one thousand dirham and it was lost and he said that it was Wadi ‘ah (safe deposit) with him and the other said that it was a debt on him. He (the Imam) said, ‘He is responsible for it unless he presents proof that it was Wadi ‘ah (safe deposit).”’

“I wrote to abu Muhammad (a.s.), and asked, ‘A man leaves Wadi‘ah (safe deposit) with another man who keeps it in the house of his neighbor and it is lost; if he is held liable for it after taking it out of his property against the instruction of the owner. He (the Imam) signed the answer that said, ‘He is responsible for it, by the will of Allah.’”

“I once heard abu ‘Abd Allah (a.s.), saying that the Messenger of Allah, O Allah, grant compensation to Muhammad and his family worthy of their services to Your cause, sent a message to Safwan ibn ‘Umayyah asking him to borrow seventy pieces of coats of arms with their helmets. He asked, ‘Is it forcibly, O Muhammad?’ The Holy Prophet replied, ‘It is borrowing with guarantee to return.’”