but the correct view is that he is liable only if he transgresses or is negligent. This is because the man who took the property after negotiating over it took it from its owner with his permission; thus, the property came into his possession with the owner’s consent, and he is a trustee. A trustee is liable only if he transgresses or is negligent.

The third form is that he takes possession of it before negotiating over it. He says, “Give me this so that I may show it to my family. If they approve, I will buy it from you.” This is property taken without prior negotiation, and it is not valid to guarantee it, because it is not liable property; a guarantee applies only to that which is due.

In summary: Is property taken for appraisal guaranteed in all circumstances? According to the madhhab, yes—if he has negotiated over it and fixed the price.

The second view is that it is not guaranteed unless there is transgression or negligence.

The difference between transgression and negligence is that transgression means doing what is not permissible, whereas negligence means failing to do what is obligatory.

His statement: “and the warranty of a sale.” When a seller sells an item, he has guaranteed its warranty—that is, he has undertaken that the sale is valid, that the property belongs to him, and the like. When the buyer purchases it, he undertakes to pay and deliver the price. It is valid to guarantee the warranty of the sold item, whether one guarantees the warranty of the item for the buyer or the warranty of the price for the seller. For example, one man has a car and another has a car, and he says to him, “Sell me your large car in exchange for my small car.” The price is the small car. The buyer then says, “Who will guarantee for me the warranty of the large car?” What is meant by its warranty is that I fear it may be stolen or