What is the ruling on redepositing the item when the custodian has a valid excuse, such as fear of loss or necessity to travel?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the custodian has a valid excuse (like fear of fire or flood or needing to travel) but is able to return it to the owner or their agent, he is not permitted to hand it to a third party; if he does, he is liable. If he cannot reach the owner or agent, he may deposit it with the judge (Hakim), as the judge stands in the owner's place during absence. If he deposits it with a trustworthy person when the judge is accessible, he is liable, as a non-judge lacks the requisite authority. If he cannot reach the judge and deposits it with a trustworthy person, he is not liable, as this is a situation of necessity.