Theft of gold under guardianship

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Mu' meneen Brothers and Sisters,

As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)

One of our brothers/sisters has asked this question:

assalamualaikum

during ramadan 2011 we were travelling to umrah so I gave my wife gold to one of my friend to keep it under his guardianship, after when we were back and supposed recieved to recieve
our gold back it was stolen from his home.
my question is -- is it my friends responsibility to pay me back whatever I gave him to keep it under his guardianship?
Please enlighten us in details.

jazak allah.

(There may be some grammatical and spelling errors in the above statement. The forum does not change anything from questions, comments and statements received from our readers for circulation in confidentiality.)

Answer:

In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is none worthy of worship but Allah Alone, and we bear witness that Muhammad (saws) is His slave-servant and the seal of His Messengers.

Technically, your friend should come forward and offer to make good the loss, because the gold was kept with him in trust and he should have protected and kept it safe. Did he make a police complaint to prove that it was actually lost? If he did not then it would be safe to assume that something is not correct.

Whichever way you look at it, your friend is responsible. If he could not protect it he should not have taken the responsibility. You did not force him.

Legally you might not be able to do anything as there is no written agreement between you and he did not receive any remuneration for his efforts. He should fear Allah swt and offer to reimburse you. On the other hand if he proves that it actually got stolen and he filed a complaint with the authorities, and you are satisfied with his story, then it is up to you to forgive if he requests you to.

Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength. Allah Alone Knows Best and He is the Only Source of Strength.

Your brother and well wisher in Islam,

Members of Islamhelpline

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