Ruling 2361 — Deposit (Wadīʿah) and Trust (Amānah)

If the safe keeper realises that he is nearing death, then based on obligatory precaution, he must, if possible, return the deposit to its owner, the owner’s guardian, or the owner’s agent, or he must inform them. If this is not possible, he must act in a way that he becomes confident (i.e. he attains iṭmiʾnān) that the property will return to its owner after his death. For example, he must write a will (waṣiyyah), obtain a witness, and inform the executor (waṣī) and the witness about the name of the property’s owner, the type of property it is, its particulars, and its location.