What is the ruling on liability when an item is placed loosely in a pocket or secured on the arm without specific instructions?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If an entrustee is generally ordered to safeguard an item and places it in their pocket or secures it tightly in their sleeve, there is no liability. However, if the item is left unsecured in the sleeve and it is light enough not to be noticed if it falls, the entrustee is liable due to negligence (tafrit). If the item is heavy enough to be noticed upon falling, there is no liability, as this aligns with common practice in safeguarding possessions. Securing the item on the upper arm (adud) removes liability because this is considered a very secure method.
Supporting text
The view of the Judge states that if the item is secured on the arm by the side of the pocket, there is no liability, but if secured on the opposite side, liability applies because a mugger can cut through the opposite side, unlike the side near the pocket. This distinction is countered by the principle that leaving an item unsecured in the pocket or sleeve, where a mugger can cut through, does not incur liability, meaning the potential for the most secure enclosure is not a prerequisite if the chosen method is a customary enclosure for that type of item.