Is the custodian responsible for a trust good (wadi'ah) if they travel with it against the owner's prohibition?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The custodian is liable if they travel with the trust property after the owner explicitly forbade them from doing so, because this constitutes contravention of the owner's directive. Liability also falls upon the custodian if the road is dangerous or the destination city is insecure, as this constitutes negligence in safeguarding the property. If neither of these conditions applies, the custodian is permitted to travel with the property. This position is established by Ahmad and supported by Abu Hanifa. The evidence is that the custodian is not to be held liable if they transfer the property to a safe location, similar to transferring it within the same city. Furthermore, if the travel is not dangerous, it resembles the situation where there is no one available to entrust the property to.
Supporting text
Al-Shafi'i maintains liability if the custodian travels with the property while being able to deliver it to the owner, their representative, the judge, or a trustee, because traveling without necessity is comparable to traveling under dangerous conditions. Additionally, a stronger view suggests that if the custodian travels with the property while the owner or their deputy is accessible, liability is incurred due to failure to act prudently and endangering the property, based on the Prophet's statement: "Indeed, the traveler and his property are in peril, except what Allah preserves." Consent to keep the property does not imply consent to incur such risk or prevent its retrieval by the owner.