left it with him until the time he habitually goes to his house and it was destroyed, he is not liable; because it is the custom that when a person is entrusted with an item while in his shop, he keeps it in his shop [or in his garments] until the time he goes to his house, and he takes it with him. The depositor is aware of this custom and is content with it; if he were not content with it, he would have stipulated otherwise and ordered him to expedite carrying it, and he would either accept it with this condition or return it. If he said: "Put it in your sleeve," and he put it in his pocket, he is not liable, because the pocket is more secure for it, as he might forget and the item could fall from his sleeve, unlike the pocket. If he said: "Put it in your pocket," and he left it in his sleeve, he is liable for that. If he placed it in his hand, he is also liable, likewise. If he said: "Put it in your sleeve," and he left it in his hand, there are two views; one of them is that he is liable, because the dropping of an item from the hand due to forgetfulness is more frequent than its dropping from the sleeve. The second is that he is not liable, because the pickpocket does not overpower it by slitting it, and the sleeve is otherwise, and because each of them is more secure from a certain perspective, [so they are equal. And whoever supported the first view may say: When each of them is more secure from a certain perspective], it is obligatory that he be liable; because he caused the loss of the manner commanded for its preservation and performed that which he was not commanded to do, so he is liable for his non-compliance. Based on this, if he ordered him to leave it in his hand, and he put it in his sleeve, he is liable for that. The Qadi said: The hand is more secure in the event of struggle, [and the sleeve is more secure than it in the absence of struggle]. Accordingly, if he was ordered to leave it in his hand, and he fastened it in his sleeve in the absence of a struggle, [he is not liable], but if he did that during a struggle, he is liable. And if he ordered him to fasten it
(12) Omitted from B. (13) In M: "the condition". (14) In M, there is an addition: "it is only". (15) In the original and B: "then it fell". (16) The slitting by a pickpocket of the sleeve: its cutting. (17) In M: "and the ruling". (18) Omitted from B. [See also: Naql Nazar]. (19) In the original, A, and M: "Abu" (a transcription error for "amara"). (20) Omitted from A and M. (21) In B: "he is not liable".