Liability when a mosque’s entrusted property is stolen

Question

Question: A person was holding property of the mosque in trust (amana), and it was stolen. Part of what was stolen came back; he handed over part of the mosque’s trust and did not hand over the rest. Is it obligatory for him to hand over the part of the trust that remained, or not? This man does not observe the Shariʿa.

Answer

If he kept the trust mixed with his own property, then the whole trust should be taken from him. If he kept it separately and it was stolen despite full safekeeping, then there is no right to take the whole of it from him; whatever came back should be taken. Caution: it is not proper to leave the mosque’s trust with a person who does not observe the Shariʿa.

Source: Fatawa Mahmudiyya

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