Question:
Some people keep amaanat by me, for example they leave their car by me when they go for jamaat or cash. Will it be permissible for me, with their approval, to use the cash or car for my own personal use? When they require the cash I am quite confident I will be able to pay them back and should I cause any damage to the car I am prepared to pay.
Answer:
It is not permissible for you utilize any items or funds left with you as Amaanat. Items left as Amaanat are left for protection and not for usage.
مادة 763 الوديعة هي المال الذي يوضع عند شخص لأجل الحفظ (المجلة)
مادة 764 الإيداع هو وضع المالك ماله عند آخر لحفظه (المجلة)
However, if you require a loan and request the owner to loan the funds to you which he then consents to, then there is no harm in utilizing the funds. Similarly, if you acquired consent from the owner to utilize his motor vehicle, then you will be permitted to use it.
In the case of utilizing the car with the owner’s permission, the car will be considered as Amaanat in your possession. If the car is damaged or involved in an accident then you will not be liable if you had not transgressed the limits. For example, you were driving at a speed limit as required by law and inadvertently bumped another vehicle, then you will not be liable for the damages since the vehicle is Amaanat in your hands and you have not transgressed the limits in any way. However, if you are willing to repair the damages voluntarily even though you are not liable, then you are at liberty to do so.
If on the other hand, you drove recklessly, for example by overtaking on a barrier line and such reckless driving caused you to crash into another vehicle then you will certainly be held liable for damages since overtaking on a barrier line is prohibited.
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.