Is the custodian of a pledged item liable for its loss if the owner requests its return?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the owner requests the return of the pledge, the custodian, whether the mortgagee (Martahin) or a trustee (Adl), is obligated to return it if possible. If the custodian refuses to return it upon demand, he becomes liable (Damin), similar to a trustee who refuses to return a deposited item upon request.