sleeping, or if the garment is in front of him, or other merchandise such as the stock of merchants, the wares of vendors, or the bread of bakers, such that he can see and observe it, it is considered secured (muhraz). If he sleeps or is absent from his place of observation, it is not considered secured. If he places the merchandise in sacks, marks them, and a guard is with them observing them, they are secured; otherwise, they are not.

Section: A tent or a kharkah (large tent) (63), if set up and someone is inside it, whether sleeping or awake, it and what is inside it are secured; because this is how it is secured according to custom. If there is no one inside it, and there is no guard with it, there is no cutting punishment for the one who steals from it. Among those who deemed the cutting punishment necessary for stealing from a fustat (tent) are al-Thawri, al-Shafi'i, Ishaq, and the People of Opinion (Ashab al-Ra'y), except that the People of Opinion said: The thief of the fustat is cut, but not the one who steals from the fustat. Our view is that it is secured by what custom has established, similar to what is inside it.

Section: The hirz for vegetables, pots of beans, and the like, is by means of shara'ij (64) made of reeds or wood, provided there is a guard in the market. The hirz for wood, firewood, and reeds is in enclosures, by stacking them upon one another, and binding them with a tie such that it is difficult to take anything from them, according to what custom has established, unless they are in a locked funduq (inn/warehouse) in which case they are secured even if not tied (65).

Section: Camels are of three types: kneeling (barika), grazing (raniya), and traveling (sa'ira). As for the kneeling, if there is a guard with them and they are hobbled (ma'qula), they are secured. Even if they are not hobbled, if the guard is watching them or is awake such that he sees them, they are secured. If he is sleeping or preoccupied from them, they are not secured; because the custom is that if the shepherds want to sleep, they hobble their camels; and because the loosening of the hobble would alert...