What is the ruling on the custodian's claim regarding the amount or duration of necessary maintenance expenses?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the custodian and owner dispute the amount of necessary maintenance (al-nafaqa), the custodian's statement is accepted provided they claim spending according to what is conventionally known (bil-ma'ruf). If the claim exceeds the customary amount, it is not confirmed. If they dispute the duration of the spending, the owner's statement prevails, as the default position is non-expenditure.
Supporting text
If the custodian cannot reach a judge and spends for the animal's maintenance with the intention of claiming reimbursement (muhtasiban) and establishing evidence for that claim, they shall be reimbursed for the expenditure. This is considered permissible by custom (urf) in the absence of a judge, and no negligence is attributed to them.