What is the ruling regarding a custodian who refuses to return a deposit when two individuals claim ownership, and the custodian admits possession to one of them?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If a custodian holds a deposit and two people claim it, and the custodian admits the deposit belongs to one of them, it must be delivered to that person because their possession establishes presumptive ownership. If the custodian claimed it for themselves, their statement would be accepted. If the custodian admits it belongs to another party, this admission must be accepted. The custodian is then obligated to swear an oath to the other claimant, as the other claimant is denying the custodian's right. If the claimant swears, the custodian is free from liability. If the custodian refuses to swear (nakul), they must compensate the claimant for the value of the deposit because they prevented the claimant from obtaining it.
Supporting text
If the custodian admits the deposit belongs to the first person, it is given to the first person because they established their right through the admission, and the custodian must compensate the second person for its value. This is explicitly stated by Ahmad. If the custodian admits it belongs to both equally, it is divided between them, and the custodian must swear an oath to each for their half.