Is a custodian deemed liable if the trust is lost when return was not immediately possible upon demand?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the owner demands the return of the trust at a time when delivery is not possible—due to distance, fear on the path, inability to carry the item, or other legitimate reasons—the custodian is not considered transgressing by withholding delivery. This forbearance is granted because Allah does not burden a soul beyond its capacity. Consequently, if the trust perishes under these circumstances, the custodian incurs no liability due to the absence of wrongful action (adwan).

Supporting text

If the owner requests a delay to complete prayer, eat due to hunger, sleep due to drowsiness, or wait for digestion, the custodian must grant a delay commensurate with that necessary time period.