What is the ruling regarding the theft of property entrusted for safekeeping in a mosque?
Chapter on Amputation in Theft
Al-Mughni
Book of Ḥudūd (Prescribed Penalties)
Primary text
If a person entrusts his property to another for safekeeping in the mosque and the trustee was negligent in watching and guarding it, the trustee is liable for financial restitution if he formally accepted the commitment. If the trustee remained silent without explicitly agreeing to the safekeeping, no liability falls upon him because he neither accepted trusteeship nor took possession of the property. In both scenarios, there is no amputation for the thief because the property was not secured (ghayr muhraz).
Supporting text
If the property is secured by the trustee's close observation and proximity, theft results in financial liability for the trustee and amputation for the thief, as the property was taken from a secured place (harz). This situation differs from the bathhouse because constant observation in a public bath is impractical due to the mixing of clothes, making it impossible for the attendant to prevent unauthorized taking due to not knowing the owner of the specific garments.