Is a custodian liable if the deposited trust is lost after refusing to return it upon demand?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the custodian refuses to return the trust when it is possible to do so upon the owner's demand, and the trust is subsequently lost, the custodian becomes liable. This is because the refusal constitutes an unlawful retention of another's property without permission, transforming the custodian into a wrongful appropriator (ghasib).