What is the ruling if a person is instructed to safeguard an item within the owner's own house, and he moves it without fear of harm?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If an item is in the owner's house, and a person is instructed to safeguard it in that specific location, but he moves it without apprehension of harm, he becomes liable for any loss. This is because such a person is acting as an agent (*wakeel*) for safeguarding, not strictly a depositary, and thus lacks the authority to move the item out of the owner's possession or out of a place specifically rented for it, unless there is fear for its safety.
Supporting text
If the agent is commanded to keep the item in a specific manner (i.e., within the house), and that condition becomes impossible to fulfill, safeguarding the item by removing it from that place becomes obligatory upon him because he is commanded to protect it. It is understood that the owner, if present during such circumstances, would order its removal. Furthermore, if the mandated manner of safekeeping cannot be upheld, his duty shifts to safeguarding it without that specific condition, similar to the case of a depositary who fears for the item's safety.