Examples of conduct beyond custody include wearing pledged clothing, driving a pledged vehicle, handing the article to someone not authorized to hold it, or using it for private benefit. Each must be examined in light of actual permission and the creditor’s duty.
It is equally wrong to label every loss wrongful use. Accidental destruction despite proper care is a separate category. The order of analysis is: determine authorization, the kind of possession, and the conduct, then apply the relevant liability rule.
Opening interactive controls...
Recognizing conduct that exceeds custody
Kitab al-Rahn: Misuse, Loan Back, Liability and Death of the Pledgor
Examples of conduct beyond custody include wearing pledged clothing, driving a pledged vehicle, handing the article to someone not authorized to hold it, or using it for private benefit. Each must be examined in light of actual permission and the creditor’s duty.
It is equally wrong to label every loss wrongful use. Accidental destruction despite proper care is a separate category. The order of analysis is: determine authorization, the kind of possession, and the conduct, then apply the relevant liability rule.