Is the guarantor's liability removed if the pledgee wrongfully seizes the collateral from the trustee and then returns it to the trustee?

General Chapter

Al-Mughni

Book of Pledges (Collateral)

Book 13 · Issue 1 · Bab 1

Open in Qurani

Primary text

The guarantor's liability is removed if the pledgee seizes the collateral from the trustee (al-Adl) and subsequently returns it to the trustee. This is because the return places the collateral back into a position analogous to returning it to the owner's hand, thereby absolving the initial liability incurred by the wrongful seizure.