What is the liability of a custodian who violates a condition regarding the storage location of a deposit?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If a custodian is instructed, "Place it in this house, and do not let anyone enter," and he allows people entry, and one of them steals the deposit, the custodian is liable (to guarantee the deposit). Liability is established because the loss occurred due to his transgression and contravention of the condition. This applies whether the theft occurred during the entry of the people or afterward, as the person entering might have seen the deposit upon entry and learned its location and how to access it.
Supporting text
A differing view from the Qadi states that if the thief was someone who did not enter the house, the custodian is not liable, because his action (allowing entry) was not the direct cause of the loss. However, another potential ruling suggests liability remains, as the person allowed entry might have informed someone who did not enter, and because the act constituted a breach of trust (mukhalafa), liability must follow.