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Website of the Office of Grand Ayatullah Saanei :: Library of Arabic Materials
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Website of the Office of Grand Ayatullah Saanei :: Rules Regarding Trust

Rules Regarding Trust

When a person gives their property to someone and asks them to keep it in trust, and the trustee accepts that, the trustee will be committed to the rules of trust.

Issue 1121: One, who cannot look after a trust property, should not accept it.

Issue 1122: One, who keeps something in trust with a person, may take it back whenever they wish, and one, who accepts a trust property, may return it to the owner whenever they wish.

Issue 1123: If one, who accepts a trust property does not have a suitable place to keep it, they should provide such a place for the safe keeping; for instance, if the trust property is a sum of money and they cannot keep it safe at home, they should deposit it in a bank.

Issue 1124: A trustee should keep the trust property in such a way that they do not seem to be in breach of trust or to be neglecting the trust property.

Issue 1125: If people’s trust property is destroyed:

1- The trustee must give the depositor the consideration if the destruction of the trust property is due to the trustee’s negligence.

2- The trustee will not be responsible for and do not need to pay anything in consideration of the trust property if they have not neglected it, or if it has been destroyed accidentally, for instance, by flood.

Issue 1126: A trustee is not allowed to put a trust property to use unless it is with the permission of the owner.

Q1127: Can a trustee lay down the condition that they will not be responsible if the trust property is destroyed owing to their extravagant handling and use of it?

A: It is apparently permissible.

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