Liability for a Trust Lost After It Was Buried

Question

Twenty-five years ago my niece (my sister’s daughter) came to my wife to leave some silver jewellery with her for safekeeping. Even though I forbade it, she coaxed my wife and left it. My wife put the jewellery in a small box and buried it in a spot in the house. Some time later, in the rainy season, the house collapsed; the rubble was cleared and the house was rebuilt. In any case, my niece has now asked for the jewellery; the place was dug up, but the jewellery was not found.

Answer

Since the entrusted item was put in a box and buried in a secure house by digging a hole in the ground, full arrangements for its safekeeping were made on her part. After that, when the house collapsed and was rebuilt, the trust (amana) was not even remembered. Twenty-five years have passed since then; the place was dug up and examined, and the trust had not survived.

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.