What is the ruling on handling a charity box that led to losing it unintentionally? A box for donations was placed in the university mosque, and whoever wanted to use it to collect donations from people could do that, then return it to the mosque. I used this box for the purpose for which it was meant, then I lost it and cannot find it. What should I do now? Do I have to replace this box?.
Praise be to Allaah.
If this box
was lost without any negligence or shortcoming on your part, then you do not
have to replace it, but if you fell short in taking care of it, then you
have to replace it, and replace the money that was in it, if there was any
money in it, because you were entrusted with this box, and the trustee does
not have to replace the item except if there is negligence.
It is well
known that there are two ways of acquiring a thing: as a trust, with limited
responsibility, and as an owner with full responsibility.
Acquiring
with limited responsibility means acquiring an item or money on behalf of
someone else, not taking possession of it, such as keeping something for
someone else, borrowing something, renting something, or when one is a
partner, working in a mudaarabah partnership, keeper of a waqf or executor
of a will.
Acquiring
with full responsibility means acquiring something by taking possession of
it, or to serve an interest of the one who acquires it, such as one who buys
it, acquires it by means of a transaction, acquires it by way of a pledge,
seizes it by force or takes possession of it.
The ruling
on acquiring something with limited responsibility is that the one who is in
charge of this trust is not responsible for what is under his trust unless
there is negligence or shortcoming on his part.
The ruling
on acquiring something with full responsibility is that the one who acquires
the thing by taking possession of it or using it for his own benefit, is
responsible for it in all cases, even if it is destroyed by a natural
disaster or he is unable to return it to its owner; he is also responsible
for it if it is destroyed.
The one who
takes something into his possession is fully responsible so long as it is in
his possession. But if possession is transferred to another person by way of
sale, or with his permission, like that which is given as a deposit, or
without his permission, as when a thing is seized by force, in that case the
one who has possession of it is responsible, even if possession is taken by
a third party, by means of a transaction, deposit, or borrowing. The owner
is still responsible. End quote.
Based on
this, so long as you used the box for the purpose for which it was intended,
and you were not negligent or careless, then you do not have to replace it.
If you do that and you bring another box or one that is better, then this is
better for you and will help you avoid suspicion and gossip. It is a charity
collection box and will not cost much, but you will be rewarded for it. So
try to bring another box, but that is not binding upon you.
And Allaah
knows best.
