What is the ruling if the owners are absent and the custodian needs to transfer the property?
General Chapter
Al-Mughni
Book of Pledges (Collateral)
Primary text
If the owners are absent and the custodian has a valid excuse such as illness or travel, the custodian should transfer it to the judge, who receives it, or the judge appoints a custodian to receive it for them. If no judge is found, the custodian must retain it himself and is prohibited from depositing it with another trustworthy person if a judge is available; violating this incurs liability. If the custodian has no excuse and the absence is greater than the distance of a shortened prayer (*masafat al-qasr*), the judge receives it from him. If no judge is found, it is deposited with a custodian. If the absence is less than the distance of a shortened prayer, it is treated as if the owners were present, as distances less than that are considered in the ruling of local presence. If one owner is present and the other absent, they are treated as both absent, and the custodian is not permitted to deliver it to the present owner. In all these scenarios, if the custodian delivers the property to one of the owners, that owner is obligated to return it to the other's possession, otherwise, they are liable for the right of the other.