What is the ruling if the owner admits authorizing the delivery but claims the custodian never delivered the property?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the owner admits authorizing the delivery but claims non-delivery, the word of the depositor (custodian) is accepted regarding the delivery. Subsequently, consideration is given to the recipient. If the recipient confesses to receiving the property, and the delivery was made towards the settlement of a debt, then all parties are absolved.
Supporting text
If the recipient denies receipt, the recipient's word is accepted upon taking an oath. Our associates state that the deliverer (custodian) is liable because he settled the debt without proof. The owner of the deposit is not required to swear an oath because the custodian was negligent in authorizing a delivery that would absolve him of the liability without actually achieving the absolution, making him liable whether the owner confirms or denies the delivery.