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Fatwa CenterHis friend denied the amount of money he had given him as a trust
Question
Assalamu Alikom Brothers while I was outside my country I met an old friend, we talked about the idea of having a company in the area of exporting and importing, and before I returned home I gave him ten thousand dollars ( 2X 5000k pack) just incase he needed them to start the company with.and after one year he could not establish the company so I called him and asked him to pay 250$ Zakat for the money I gave him and explaining to him that was 2.5% of 10,000, but he called me a couple of days later to ask me how much money I had given him, because he said that was the first time he counted the money since it was given to him a year ago. I told him it was ten thousand dollars. but he said it was only 7,900$ I asked him how he found the money , one pack or two packs, to make it easy for him to remember and also to make sure that something must have happend, because if the two packs are still there that means one of them must look much thinner as nearly 50% of it was missing. but he told me that there was only one pack and not 2 packs. and he added there is no way that the money could have been stolen because there is always only him and his wife in the house , plus their very small children. I am now very confused not knowing what to do . I trust him very much and there is no doubt about that , but his wife who is converted to islam and does not leave the house at all times , he trusts her so much as a very good muslim, so I can not tell him that some of the money was stolen because by doing so I am accusing his wife which would make problems to the whole family. and I realy need the money and can not afford to spare it So please advise me what to do Wassalamu Alikom
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 
is His slave and Messenger.
This issue is in two parts:
1- If your friend denies the amount of the money that you had given to him, then you have to prove it with evidence, or that he should swear by Allaah that it was only the amount that he mentioned that you had given to him, and in this case, he is acquitted of liability as the Prophet said: "If the people were to be given according to their claims, then some men would claim the blood (lives) and wealth of others, but the burden of the proof is upon the claimant and the taking of an oath is upon the one who denies (the allegation)”. [Al-Bayhaqi]
2- If we presume that what you claimed is the truth that the amount is 10,000 with evidence or by your friend admitting this, then if he was not negligent in keeping the money, he does not guarantee the money as he is entrusted to keep it, and the trustee (the entrusted person) does not guarantee the trust item unless he abused it or was negligent (in keeping it).
However, if your friend was negligent in keeping the money and he did not keep it in a place that is suitable for keeping it in, and it is confirmed that the amount is 10,000 as you mentioned, then in this case, he guarantees the money because if negligence in keeping a trust leads to destroying it or losing it, then this necessitates guaranteeing it by the trustee whether it was given for keeping it like a deposit, or was a trust included within a contract like a partnership, Mudhaarabah (co-partnership) and the like.
In any case, it is not permissible for you to accuse your friend’s wife except with evidence.
Allaah Knows best.
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