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Question # : 14369

United Arab Emirates

As Salamualaikum Wo Rahmatullahi Wo Barakatuhu, Dear Respected Mufti sahaab, This is Shahbaaz here currently i am staying here in Dubai since 1 year, almost some 8 months back i had a neighbour from some other country, while he was leaving to his country he had given few things like washing machine, bed and a suitecase of clothes to keep with us and he told he will return back in 2 months and collect them, it is almost 8 months now and he has not come back to us. I still have his belongings with me. I dont have his contact number. Kindly issue a fatwa as what i should do. I may go back to my country any time. Also while leaving he had given permission to use the bed and washing machine. Now one of my friend is in need of bed can i give this bed for him for his use.

Answer : 14369

Published on: Jul 15, 2009

بسم الله الرحمن الرحيم

(Fatwa: 1217/1157=B/1430)


Whatever your neighbour has entrusted you is amanah (trust). He allowed you to use the bed and washing machine, so you can take them in your personal use; it is unlawful to give someone else for use. If you want to return to your country, give the things to any reliable friend of you who can return them to their owner. If it is not possible, lock them in your house safely and return to your country. If it is also not possible, sell them and preserve the money:

وإذا دفع المودع عند موتہ الودیعۃ إلی جار لہ ولیس بحضرتہ عند الوفاۃ أحد من في عیالہ فلا ضمان علیہ (4:375)

In future, you should avoid receiving trust in this way. Or take permission to sell in case of delayed return, or adopt any lawful way possible:

فإن طلب الغاصب من القاضي الأمر بالنفقۃ أو البیع لایجیبہ لأنہ مضمون علیہ ولکن إن خاف القاضي علی العبد الضیاع باعہ القاضي لا الغاصب وأمسک القاضي ثمنہ لمالکہ، کذا في الدر المختار 5:376

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband

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