Wrongful personal use by the pledgee engages liability for misuse. Authorized temporary return of the collateral to its owner, followed by actual receipt, invokes the distinct rule that the pledgee’s pledge liability ceases during that custody.
The visual fact that the item was used or moved is not decisive by itself. Ask who took it, under what authority, and who had actual possession at the time of loss.
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Unauthorized use is not an authorized loan back
Kitab al-Rahn: Misuse, Loan Back, Liability and Death of the Pledgor
Wrongful personal use by the pledgee engages liability for misuse. Authorized temporary return of the collateral to its owner, followed by actual receipt, invokes the distinct rule that the pledgee’s pledge liability ceases during that custody.
The visual fact that the item was used or moved is not decisive by itself. Ask who took it, under what authority, and who had actual possession at the time of loss.