Is a trustee liable for breach of trust if they only harbor the intention of misappropriation without any overt action?
General Chapter
Al-Mughni
Book of Deposits
Primary text
The trustee is not liable (*damin*) if they merely intend breach of trust through denial (*juhud*) or use (*isti'mal*) but do not commit any verbal or physical act regarding the deposited item. Liability requires a speech act or a physical act concerning the deposit. The basis for this ruling is the Prophet's saying: "My Ummah is excused for error, forgetfulness, and what crosses their minds, unless they speak of it or act upon it." Furthermore, liability is established only if a betrayal is enacted through speech or action, unlike the case of simple intention.
Supporting text
Ibn Shurayh holds that liability is incurred because the trustee holds the item with the intention of betrayal, akin to a finder intending ownership. This view is rejected because the finder acts by taking possession, intending betrayal through that act, which triggers liability due to the intended action, not mere intention.