is difficult. This is not the case; for it is possible to place it in a storage facility for which each of them has a key.
Section: As long as the neutral party (adl) remains in his state, without changing his integrity or any enmity occurring between him and either of the two parties, neither of them, nor the judge, has the authority to transfer the pledge from his custody, because they both consented to him in the beginning. If they agree to transfer it, it is permissible, for the right belongs to them and does not extend beyond them. Likewise, if the pledge was in the possession of the pledgee and his state had not changed, neither the pledgor nor the judge would have the right to transfer it from his custody. If the state of the neutral party changes due to corruption or weakness in safeguarding, or if enmity occurs between him and them, or between him and one of them, then whoever requests its transfer from his custody may do so, and they shall place it in the hands of whoever they both agree upon. If they disagree, the judge shall place it in the hands of a neutral party. If they disagree regarding whether his state has changed, the judge shall investigate and act upon what becomes apparent to him. The same applies if it were in the possession of the pledgee and his state changed regarding reliability and safeguarding; the pledgor may remove it from his custody to the judge, so that he may place it in the hands of a neutral party. If the pledgor claims the pledgee's state has changed and he denies it, the judge shall investigate that and act upon what becomes clear to him. If the neutral party or the pledgee dies, their heirs do not have the right to hold it except by the mutual consent of both parties. If they agree upon that, it is permissible. If they agree upon a neutral party to place it in his hands, they may do so; for the right belongs to them, so the matter is delegated to them. If the pledgor and pledgee disagree at the time of the neutral party's death, or if the pledgor and the heirs of the pledgee disagree, they shall refer the matter to the judge to place it in the hands of a neutral party. If the pledge is in the hands of two persons and one of them dies, or his state changes due to corruption, or weakness in safeguarding, or enmity between him and one of the two parties, a neutral party shall be appointed in his place to join the other neutral party, and they shall both hold it together.
Section: If the neutral party wishes to return it to them, he may do so, and they are obligated to accept it. This is the position of al-Shafi'i, because he is a trustee who has volunteered for safekeeping, so he is not compelled to remain in that role. If they refuse, the judge shall compel them. If they are absent, the judge shall appoint a trustee to take possession of it on their behalf, because the judge has authority over one who refuses a right that is due from him. If he hands it over to the trustee without their refusal, he is liable, and the judge is also liable, because he has no authority over one who is not refusing.