An admission, then, is a proof confined to the one who makes it and to those who inherit his legal position; it binds him alone and does not extend to anyone else.
Eighth Maxim: “A legally permitted act entails no liability.”
Meaning: A person is not held to account for something that the Sacred Law has expressly allowed him to do.
Accordingly, whatever results from a sanctioned act carries no liability unless there is transgression (taʿaddī) or negligence (tafrīṭ). If someone digs a well in his own land and a human being or an animal later falls into it, the digger bears no liability, for he acted with permission and without transgression. By contrast, if he were to dig a pit in a public roadway and a person or an animal fell into it, he would be liable, because he had no lawful permission for that act.
Ninth Maxim: “The trustworthy possessor is liable only in case of transgression or negligence.”
Explanation: Anyone who holds another’s property with the owner’s consent, or by virtue of lawful authority over it, is deemed a trustee with respect to that property, whether or not he himself has any personal stake in it.
Those regarded as trustees include: the hired worker, the pledge-holder, the partner, the investment agent (muḍārib), the custodian of a deposit, the guardian, the executor of an estate, the agent, the supervisor, and the like—whether they are paid for their service or volunteer. None of these people is liable for loss occurring while the property is in his hand except in two situations:
First: transgression—doing what is impermissible.
Second: negligence—omitting what is obligatory.
If such a trustee claims that the property has perished, or denies any transgression or negligence, his word is accepted.
Should he allege that he has returned the property to its owner, then: if he originally took possession of it for his own benefit, his claim of return is not accepted without corroborating evidence; but if he held it solely for the owner’s benefit, his word is likewise accepted regarding its return.
And for anyone whose statement is accepted, two conditions must be met: his claim must not conflict with what is customary