What is the liability when a custodian breaks the seal of a container holding a deposit without removing anything?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the custodian breaks the seal or unties the knot of a container holding the deposit, they are liable for the entire deposit, even if nothing was removed, because they committed an act of trespass by breaching the protective enclosure (hirz). This is analogous to opening a locked chest and leaving it open.
Supporting text
Abu Hanifa holds that breaking the seal does not impose liability for the entire deposit because the custodian did not trespass against anything other than the seal itself. The counter-argument is that breaching the enclosure subjects the whole item to potential loss, establishing liability, just as if the item were deposited in a locked chest that was then opened.