Trust money burned: compensation for it

Question

Question: (1) The gist of the question is this: some money was kept with Zayd in trust; with part of that money a machine was also bought, and part of the money owed to the machine’s owner remained unpaid. Now a fire broke out in the shop of the one with whom the money had been kept. Is it binding on him to give the money to the one whose money it was, or not? And who will pay the money still owed to the machine’s owner? (2)

Answer

(1) The one with whom the money had been kept, and in whose shop the fire broke out, owes no compensation for that money. As for the one who bought the machine and still owed money, that money must be paid: let the one who bought it pay it, and then let matters be settled according to the partnership (shirka) arrangement with whoever it was made. (2)

Source: Fatawa Mahmudiyya

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