Question:
Zaid has a watch repair shop. Some people bring their watches for repair but don’t return to pick them up. There is also no hope that they will ever return and take them. Its about two or three years that these watches are here. Even though they are looked after they are rusting and it is likely they will become ruined. What should be done in such a situation? Can Zaid give their value in charity and become the owner?
Answer: حامدا ومصليا ومسلما
In the above scenario Zaid does not have the right to give the value of the watches in charity and become the owner. Rather he has to safeguard them his whole life as best as possible, or until the owners return for them or they advise him concerning them or the news of their death reaches, in which case he (Zaid) will have to return the watch to the deceased person’s inheritors. This is due to the watches being a trust (amanah) in Zaid’s hands. And a trust is not given in charity unlike luqtah.
دليل الصغرى في قول الهندية
حكم الاجير المشترك ان ما هلك في يده من غير صنعه فلا ضمان عليه في قول ابي حنيفة
( الفتاوى الهندية 518-4)
دليل الكبرى في قوله
غاب المودع ولا يدري حياته ولا مماته يحفظها أبدا حتى يعلم بموته وورثته ، كذا في الوجيز للكردري ولا يتصدق بها بخلاف اللقطة ، كذا في الفتاوى العتابية
( الفتاوى الهندية 356-4)
(Hazrat Mufti) Muhammad Taqi Usmani (May Allah preserve him.)
Fatawa Usmani (3/472)
