Library Ethics Greater Sins Chapter 24 The Twenty-Second Greater Sin:Khayanat Delay in returning the trust
Delay in returning the trust
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Delay in returning the trust
Under special circumstances it is permitted to appropriate the property of a Kafir, not living under the protection of Islamic government. But if such a person gives his property as a trust, it is not permitted to misappropriate this property. If the property to be entrusted is stolen or acquired by illegal means, it is Wajib to accept it and restore it to its rightful owner.
As we have already mentioned, anything that is maintained as trust must be restored to the owner or his representative; like some responsible member of his family, if they are not available, the trust could be given in charge of a Mujtahid or his representative. If even these are not available the trust must be handed over to a reliable person. Especially when one perceives the approach of death one should immediately arrange to return the trusts. If none of the above persons are available then it is Wajib upon the dying person to make a will and provide the address of the owner so that the property may be restored to him.
In the same way if the owner learns that the trustee is dead, it is Wajib for him to go and collect the things that he had deposited as trust. If the heirs of the deceased do not recognise him he can describe the distinguishing features of the trust property and obtain it from them. Similarly if the owner dies, the trustee is under obligation to return the trust to the heirs of the deceased.
