Liability for a Trust

Question

Some money was stolen from the custody of a man employed as an agent. The owner made the employee swear an oath and had him say: “If I have used your money for my own affairs, or given it to anyone, or kept it with myself or with someone else for future expenses, may I go blind, may I wander begging, and may faith (iman) not be granted to me.” After taking such an oath, is it permissible for the owner to take a fine from the employee or not, that is, to take the lost money?

Answer

If the money was with the employee as a trust (amana) and, despite adequate safekeeping, it was nevertheless stolen, there is no liability (daman) on the employee. If it happened through the employee’s inattention and negligence, liability is binding on the employee. [ar]الإيداع هو تسليط الغير على حفظ ماله، والوديعة ما يترك عند الأمين، وهي أمانة فلا تضمن بالهلاك.

Source: Fatawa Mahmudiyya

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