Is the custodian (*Adl*) obligated to retain property when the rightful owners refuse to take it back?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
The custodian is permitted to return the property to the owners, and the owners are obligated to accept it. This is the position of Al-Shafi'i, based on the principle that the custodian is a volunteer custodian (*Ameen Mutatawwi'*) for safekeeping and is not obliged to remain in that capacity. If the owners refuse acceptance, the judge (*Hakam*) is to compel them. If the owners are absent, the judge appoints a custodian to receive it on their behalf because the judge has authority over those who refuse a right owed to others. If the custodian hands the property to another custodian without the owners refusing, the initial custodian is liable, and the judge is also liable, as the judge has no authority over those who do not refuse.
Supporting text
If the owners refuse, and no judge is available, leaving the property with another trustworthy person absolves the initial custodian of liability. If only one owner refuses, the custodian cannot transfer the property to the other owner; doing so results in liability for the custodian. The difference is that one owner holds it for himself, whereas the custodian holds it for both.