What is the legal status when the owner instructs the custodian not to remove the trust property, but the custodian removes it without fear of harm?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the custodian removes the property when there is no fear, they are liable, whether the removal was to an equally secure place, a lesser secure place, or a more secure place, because this violates the owner's command without benefit. This is the apparent view of Al-Shafi'i.
Supporting text
If the owner says, 'Do not remove it even if you fear harm,' and the custodian removes it without fear, they are liable. If the custodian removes it when fear arises, or leaves it and it is destroyed, there is no liability, as the owner's prohibition in the face of danger permits leaving it or removing it for preservation, thus complying with the owner's instruction.