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)

Book 51 · Issue 1 · Bab 2

Open in Qurani

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.