Is documentation (witnesses) required when the owner directs the custodian to deliver the deposit to a third party?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the owner instructs the custodian to deliver the deposit, documentation is not necessary. This is because the custodian's word is accepted regarding both loss and return, rendering the act of making a witness of the delivery futile.
Supporting text
Under this ruling, the custodian swears the oath and is absolved, the recipient also swears and is absolved, and the loss is deemed to fall upon the owner.