بسم الله الرحمن الرحیم با عرض سلام و ادب و احترام خدمت بزرگواران علماي اعلام، اساتيد و فضلاء و طلاب عزيزي که در نشست علمی«مسائل مستحدثه و حوزه علمیه؛ چالش ها و رویکردها» که در جوار آستان ملک پاسبان عالم آل محمّد حضرت علی بن موسی الرضا علیهماالسلام...
يكشنبه: 1397/07/29 - (الأحد:11/صفر/1440)

Rules regarding Deposit or Trust

(Amanat)

 

2336. When a person gives his property to another person, and tells him that it is deposited in trust, and the latter accepts it, or without uttering a word, by a simple conduct, the depositor and the receiver both understand and accept the intention, then they must follow the rules of trust or Amanat as will be explained later.

2337. Both the trustee and the depositor should be adult and sane. Therefore, if a person deposits some property with an insane person, or a minor, or if an insane or a minor deposits some property with someone, their action will not be in order.

2338. If a person accepts a deposit from a child or an insane, he should return it to its owner. And if that deposit belongs to the child or insane himself, it is necessary that it is delivered to his guardian; and if it gets lost or destroyed before the delivery, the person who accepted the deposit must compensate for it.
But if he had secured it from the child with the intention of delivering it to the guardian, and if he had not been careless in its safekeeping, he will not be responsible for a loss or a damage.

2339. If a person cannot look after the deposit, he should decline to accept the deposit, or he should aware the person making the deposit of his incapability.

2340. If a person tells the owner of the property that he is not prepared to look after his property, and does not accept it, yet the owner leaves it there and goes away, and then the property perishes, the person who has declined to accept the deposit will not be responsible for it. However, as per recommended precaution, if possible, he should look after that property.

 

2341. A person who gives something to another person as a deposit, can take it back whenever he likes, and similarly, one who accepts the deposit can return the deposit to its owner whenever he likes.

2342. If a person renounces the custody of the property deposited with him and abrogates the arrangement, he should deliver the property to its owner or to the agent or guardian of its owner, as quickly as possible, or inform them that he is not prepared to continue as a custodian. But if he does not, without any justifiable excuse, deliver the property to them and also does not inform them, and if the property perishes, he should give its substitute.

2343. If a person who accepts a deposit does not have a suitable place for its safe keeping, he should acquire such a place, and should take care of the deposit in a manner that he would not be accused of negligence. But if he acts carelessly in this regard, and the property is lost or damaged, he will have to compensate for it.

2344. If a person who accepts a deposit has not been negligent in looking after it, nor has he gone beyond moderation, and then the property unexpectedly perishes, he will not be responsible for it.
But if he has been careless about its security, say, by keeping it at a place which is vulnerable to theft, then the deposited property is lost or damaged, he should pay the owner its compensation.

2345. If the owner of a property specifies a place for its safe keeping, telling the person who has accepted the deposit: “You will secure the property here, and even if you suspect that it might get lost here, you must not take it elsewhere”, in such case, if the person who has accepted the deposit presumes that the owner has specified that particular place because it is a safe place for the property, if he thinks that it might get lost or damaged, he can transfer it to another place, and if he does that, and it is lost, he is not responsible. But if he did not know the reason behind specifying the place by the depositor, he cannot transfer it to another place, and if he does, and it is lost, he is responsible.

2346. If the owner indicated a place for the security of his deposit, but he did not mean to specify it to the exclusion of other suitable places, and if the person accepting the deposit suspect that it might get lost here, he can transfer it to a place which is safer than the first place, and if it is lost or damaged there, he will not be responsible.

2347. If the owner of a deposit becomes insane, the person who had the deposit as trust, should return it immediately to his guardian, or inform him.

 

And if he does not deliver the property to his guardian without a justifiable excuse, and is also negligent in informing him, and the property perishes, he should give him its substitute.

2348. If the owner of the deposit dies, the trustee should deliver the deposit to the heirs, or inform them about it. And if he fails to do so, without any justifiable excuse, he will be responsible for its loss or damage.
However, if he delayed to investigate whether the claimants were the right heirs or not, or whether there were other heirs besides them, and showed no negligence on his part in parting with the deposit or informing the heirs, he will not be responsible for any loss or damage.

2349. If the owner of the deposit dies, and he has more than one heir, the trustee of the deposit should give the property to all the heirs, or to the person who has been authorized by all of them to receive the property. Hence, if he gives the entire property to one heir without the consent of others, he will be responsible for the shares of the remaining heirs.

2350. If the trustee of the deposit dies, or becomes insane, whoever has the custody of the deposit should inform the depositor of the property.

2351. If a person with whom a property has been deposited, observes in himself the signs of approaching death, if possible, he should deliver the deposit entrusted to him to its owner or his agent.
And if it is not possible to do so, he should deliver it to a Mujtahid, and if he does not have an access to Mujtahid, and his heir is trustworthy and knows about the deposit, it is not necessary for him to mention about the deposit in his will, and if he is not trustworthy, he should make a will about it, attested by witnesses, and give the name of the depositor to the executor of his will and to the witness, describing fully the nature of the deposit, and the place where it is kept.  

2352. If a person with whom a property has been deposited, sees in himself the signs of approaching death, and does not act according to his obligation as mentioned in the foregoing rule, and the property suffers loss or damage, as per obligatory precaution, he will be responsible for the deposit, and should make amends for it. Even if he does not act carelessly, and also recovers from his illness, or after some time regrets and makes a will.

 

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