Does a stipulated condition by the depositor requiring the custodian to guarantee (Daman) the deposit change the ruling?

General Chapter

Al-Mughni

Book of Deposits

Book 34 · Issue 6 · Bab 1

Open in Qurani

Primary text

If the depositor stipulates liability and the custodian accepts or says, 'I guarantee it,' the custodian is still not liable. This is because he is stipulating liability for a cause that has not yet materialized, which does not impose liability, analogous to stipulating liability for something that perishes while in the owner's possession. This view is held by al-Thawri, al-Shafi'i, Ishaq, and Ibn al-Mundhir. Ahmad also held this concerning the custodian.