May part of a trust sum be deducted in compensation for a punishment undergone?

Question

Question: Zayd placed 27 thousand rupees in trust (amana) with his brother Bakr. Corruption entered Bakr’s heart: he called a few men, staged a beating, fired a shot at night, told the people of the neighbourhood that an armed robbery had taken place, and also had a report of armed robbery registered with the police. The police came, immediately made an inquiry and asked whose money this was. Bakr himself answered that it belonged to his brother Zayd.

Answer

Bakr committed a base act and tried to destroy his brother’s trust: he staged an armed robbery, the police arrested him, and he served the punishment. Now it is binding on him to pay the remaining six thousand to Zayd; he has no right to keep that sum in compensation for the punishment.

Source: Fatawa Mahmudiyya

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