Can the custodian or the judge unilaterally remove the pledged item from the custodian's possession?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the custodian remains trustworthy, has not undergone any change in status, and no enmity has arisen between him and either contracting party, neither the pledgor, the pledgee, nor the judge may remove the pledged item from his possession, as both parties originally agreed to him. If the contracting parties agree to move it, it is permissible because the right belongs to them.
Supporting text
If the custodian's status changes due to immorality (fisq), weakness in safekeeping, or enmity arises between him and one or both parties, then whoever requests its removal has the right to do so. They must place it in the custody of someone they mutually agree upon. If they disagree, the judge shall place it in the hands of a trustworthy custodian. If they disagree regarding the change in the custodian's status, the judge investigates and acts upon what becomes apparent to him.