The Book of Deposit (Wadi'ah)

The basis for it is the Book (Quran), the Sunnah, and consensus (ijma'). As for the Book, it is the saying of Allah the Almighty: "Indeed, Allah commands you to render trusts to whom they are due" (1). And His saying: "But if one of you trusts another, then let him who is trusted discharge his trust" (2). As for the Sunnah, it is the saying of the Messenger of Allah (peace be upon him): "Render the trust to the one who entrusted you, and do not betray the one who betrayed you" (3). It was narrated from him (peace be upon him) that he had deposits in his possession, and when he intended to migrate, he deposited them with Umm Ayman and commanded 'Ali to return them to their owners (4). As for consensus, the scholars of every era have agreed upon the permissibility of depositing and accepting a deposit. Logic also dictates it, for people are in need of it; it is impossible for all of them to safeguard their wealth by themselves, and they need someone to safeguard it (5) for them. The word 'wadi'ah' (deposit) is on the form 'fa'ilah', derived from the verb 'wada'a' (to leave something), meaning it is left with the depositee. Its derivation is from stillness (sukun). It is said (6): 'wada'a, yada'u'. It is as if it is still and settled with the depositee. It is also said that it is derived from ease and comfort (da'ah), as if it is in comfort with the depositee. Accepting it is recommended for one who knows himself to be trustworthy, because it involves fulfilling the need of his believing brother and assisting him. It is a revocable contract from both sides; whenever the depositor wishes to take his deposit, the depositee is obligated to return it, due to the saying of Allah the Almighty: "Indeed, Allah commands you to render trusts to whom they are due." If, however, the depositee wishes to return it to its owner, the owner is obligated to accept it (7), because the depositee is a volunteer in keeping it (8), and therefore he is not obligated to continue volunteering in the future.