[Leaning Right]

What I am proposing is not illegal or unusual at all. In fact, it's quite common in tenant-landlord disputes.

Suppose you rent an apartment that you later claim is unfit for habitation. So you refuse to pay the rent.

Very often a judge will order that the rent continue to be paid, but be put in escrow.

If the final ruling (the “trial”) favors the landlord, he gets the escrowed rent. Otherwise, it's returned to you.

It's a very fair and sensible system. I can't see why it cannot be applied here.

[verity]

Because the law does not allow this discretionary authority regardless how sensible your suggestion is.