What is the liability when an instruction to place an item in a sleeve is executed by placing it in a pocket?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If the instruction is to place the deposit in the sleeve (kamm) but the entrustee places it in the pocket (jayb), there is no liability. The pocket is considered a more secure enclosure than the sleeve because items are more likely to fall out of a sleeve due to forgetfulness than out of a pocket. Conversely, if the instruction is to place the item in the pocket but it is left in the sleeve, the entrustee is liable for failing to follow the specific instruction.
Supporting text
If the item is placed directly in the hand, the entrustee is liable. A differing opinion exists regarding placing an item ordered to be kept in the sleeve into the hand: one view holds the entrustee liable for failing to follow the commanded method of securing it, arguing that loss from the hand due to forgetfulness is more likely than from the sleeve. Another view suggests no liability because each location (hand or sleeve) offers security in a different manner, thus equaling them out.