How does liability apply when the method of keeping an item differs from the instruction concerning being overtaken by a mugger (mughalaba)?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The standard of security varies based on the threat of overpowering force. The hand is considered more secure than the sleeve when facing a mugger, whereas the sleeve is considered more secure when there is no threat of being overpowered. If one is instructed to keep the item in the hand and secures it in the sleeve during a time of no mugging threat, the entrustee is liable. If the item is secured in the hand during a mugging threat, there is no liability. If one is instructed to secure the item in the sleeve but keeps it in the hand during a mugging threat, there is no liability, but liability is incurred if this is done when there is no threat.
Supporting text
If the entrustee is instructed to secure the item in a specific side of the sleeve (the side facing the pocket) but secures it on the opposite side, they are liable. If the instruction was to secure it on the opposite side and it was secured facing the pocket, there is no liability, as the latter is a more secure method. If instructed generally to secure it on the arm or to keep it with them, securing it on either side without specific instruction results in no liability, as the entrustee is following the owner's general command and using a customary method of security.