The liability of the guard for what is stolen in the absence of the house owner
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, if I have a guard in the house, and then something is stolen from the house in my absence, do I have the right
The Shaykh:
his absence or your absence.
The questioner:
in my absence, in the absence of the house owner.
The Shaykh:
What is the use of the guard then?
The questioner:
What is your opinion?
The Shaykh:
Yes, this is negligence on the part of the guard, this is negligence on the part of the guard, so the guard is liable, yes.
The questioner:
Do I have the right to demand the stolen item from him?
The Shaykh:
Yes, if it was stolen while the guard was absent and he left the place and went away, and it was stolen, he is liable because he was negligent. Yes.
He says: Honorable Shaykh, may Allah grant you success, if I have a guard in the house, and then something is stolen from the house in my absence, do I have the right
The Shaykh:
his absence or your absence.
The questioner:
in my absence, in the absence of the house owner.
The Shaykh:
What is the use of the guard then?
The questioner:
What is your opinion?
The Shaykh:
Yes, this is negligence on the part of the guard, this is negligence on the part of the guard, so the guard is liable, yes.
The questioner:
Do I have the right to demand the stolen item from him?
The Shaykh:
Yes, if it was stolen while the guard was absent and he left the place and went away, and it was stolen, he is liable because he was negligent. Yes.
Source
شرح أخصر المختصرات في الفقه، فصل: وكل ما جاز بيعه جاز رهنه — islamhouse.com (56:12)
The Arabic text is a machine transcription of the audio recording.