When does the custodian of a pledged item incur no liability if the item is lost after the owner requests its return?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 3 · Bab 1

Open in Qurani

Primary text

If the custodian delays returning the pledge due to a legitimate excuse (Udh'r), such as a dangerous path to the owner, a locked door he cannot open, fear of missing congregational prayer (Jama'ah) or an obligatory prayer, illness, severe hunger, or similar impediments, and the item is lost during this delay, then there is no liability upon him. This is because the delay is not due to negligence (Tafreet) on his part, making it analogous to a trustee (Wadi') in such circumstances.