Is a managing partner (Mudarib) liable for amputation (Qat') if property entrusted to him is stolen by a third party after he secured it?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
The managing partner (Mudarib) is liable for amputation if property held under Mudarabah, deposit (Wadi'ah), loan for use ('Ariyyah), or agency is stolen by a non-owner after the partner has taken possession and secured it. There is no known disagreement on this ruling. This is because the partner acts as a representative of the owner in safeguarding and securing the property, and his possession is considered the owner's possession.