Trustee not liable for loss or damage if not at fault

8-11-2014 | IslamWeb

Question:

A person given responsibility to collect money from an office/bank is robbed at the point of collection, the owner of the money is now at a loss. Can the owner ask for compensation from the collector, is the collector liable for negligence by default, due to the responsibility given to him or should the owner accept the loss with no questions asked.

---

Answer:

All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.

The collector is entrusted with what is in his possession; there is no liability on a trustee as long as he does not transgress and is not negligent in keeping the trust.

Asna Al-Mataalib reads: “If the entrusted goods are damaged or lost while in the possession of the trustee without negligence on his part, then he is not responsible for it (not obliged to compensate its owner). However, if it is proven that the entrusted goods were lost or damaged due to any fault or negligence on his part, he is liable for it.”

Al-Mawsoo‘ah Al-Fiqhiyyah reads: “If neglect of the entrusted goods leads to its loss or damage, then this requires that its keeper is liable for it whether this was a trust given to him for holding like a deposit or it was a trust included within a contract, like a rented item.”

Therefore, the basic presumption concerning entrusted goods is that trustee is not liable in the event of damage or loss if there is no negligence or deliberate transgression on his part. Accordingly, if what happened to the collector was the result of transgression or negligence on his part, then he bears liability unless the owner relieves him of liability. But if he did not transgress or neglect the trust, then he is not liable for loss or damages and the owner has no right to demand compensation.

Allaah Knows best.