What is the ruling regarding liability when a deposit is left in clothing instead of being placed in the house as instructed?
General Chapter
Al-Mughni
Book of Deposits
Primary text
If an entrustee is instructed to place a deposit in the owner's house but leaves it in their own clothing and carries it out, the entrustee is liable for loss. This is because the house constitutes a secure enclosure for the item. However, if the owner brings the item to the entrustee in the marketplace and instructs them to keep it in their house, and the item is subsequently lost while the entrustee is carrying it immediately to the house, there is no liability. If the entrustee leaves the item in their shop or clothing instead of taking it to the house when they could have, they are liable, as the house remains the intended secure enclosure.
Supporting text
A possible view suggests that if the item remains with the entrustee until the usual time they would be traveling home, there is no liability. This is because it is customary for an entrustee to keep an item left with them in their shop or clothing until their usual departure time, and the depositor is presumed to consent to this practice unless they stipulated otherwise.