What happens to the custody of the pledged item upon the death of the custodian or the pledgee?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the custodian or the pledgee dies, their heirs do not have the right to retain the pledged item unless both the pledgor and the pledgee consent to it. If they agree, it is permissible. If they agree on a custodian to hold it, they may do so, as the right belongs to them, thus their agreement validates the appointment.
Supporting text
If the pledgor and the pledgee disagree upon the death of the custodian, or if the pledgor and the heirs of the pledgee disagree, they must refer the matter to the judge, who will place it in the custody of a trustworthy person.