What is the ruling if the custodian claims to have delivered the deposit to a third party based on the owner's authorization, and the owner denies the authorization?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the owner denies authorizing the delivery to the third party, the custodian's statement is accepted. Ahmad, in the narration of Ibn Mansur, explicitly stated this, and it is the view of Ibn Abi Layla. The basis for this is that the custodian claims an act of delivery that absolves him of the deposit liability, thus his word is accepted, similar to claiming return to the owner.
Supporting text
Malik, Al-Thawri, Al-'Anbari, Al-Shafi'i, and the Ashab al-Ra'y hold that the owner's word is accepted, as the original state is the absence of authorization, which renders the custodian liable. They maintain that the custodian can be held financially responsible.