Is the custodian (Mudi') liable for a trust property (Wadi'ah) seized under duress?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 1 · Bab 1

Open in Qurani

Primary text

The custodian is not liable for the trust property if it is forcibly seized (ghusibat) from him, whether it was taken from his possession or if he was compelled to hand it over and did so willingly. Duress serves as a legitimate excuse for him to deliver the property, thus negating his liability, similar to when the property is seized forcibly from his hand.