Is it permissible for two appointed custodians (Adilayn) to jointly hold a pledged item (Rahn)?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
It is permissible if the pledged item is placed in the hands of two trustworthy custodians, and they both have the right to retain it. However, it is not permissible for one of them to individually take custody of the item. If one custodian hands the item over to the other, the first custodian bears liability for half the item because that is the portion over which he exceeded his authority. This is one position held by the companions of Al-Shafi'i. The evidence against allowing unilateral action is that the contracting parties only agreed to the custody of both individuals; therefore, one cannot assume responsibility alone, similar to how co-executors cannot act unilaterally in disposal.
Supporting text
Another view held by the companions of Al-Shafi'i permits the transfer if one custodian consents to the other retaining it. Abu Yusuf and Muhammad hold this view. Abu Hanifa opined that if the item is divisible, they should divide it; otherwise, each may keep the entirety because joint custody is burdensome for them, so the ruling defaults to permitting individual custody.