A borrowed item: those who did not hold the borrower liable and those who did

Ibn Abi Mulaykah says: Sayyiduna Ibn Abbas (may Allah be pleased with them both) wrote to me in a letter: Have liability paid for 'ariyah (a borrowed item) if the owner of the item so wishes.

Sawadah bin Ziyad says: I wrote a letter to Umar bin Abd al-Aziz that a woman had asked someone for jewellery for a wedding, and then the jewellery was lost. What is the ruling on this? He said: If the woman committed no treachery in it, there is no liability.

Umar bin Abd al-Aziz used to impose liability for 'ariyah (a borrowed item).

Sayyiduna Ali (may Allah be pleased with him) says regarding 'ariyah (a borrowed item): It is a trust.

Shibak says: A woman obtained some rings from someone for use. One day, as she was about to perform ablution, she put the rings in her lap, and the rings fell somewhere. This case was brought before the court of Qadi Shurayh. He said: She took these rings as 'ariyah only in order to return them, and now she has violated the agreement. So Shurayh imposed liability on her.

Ibrahim says: There is no liability on the one who hires a thing or the one who borrows it, but if they violate the agreement, then there is.

Al-Hakam and Hammad did not impose liability for 'ariyah (a borrowed item).

Al-Hasan says: When the holder of a borrowed item violates the agreement, he will be liable.

Ata says: There is liability for 'ariyah (a borrowed item).

Sayyiduna Ibn Abbas (may Allah be pleased with them both) used to impose liability for 'ariyah (a borrowed item), and according to Ibn Jurayj, when the owner demands it.

Ibn Jurayj added: When its owner follows it up.

Sayyiduna Ali (may Allah be pleased with him) says: 'Ariyah is neither a sale nor does it carry liability. It is a kindness, but if the one using it violates the agreement, there will be liability.

Ibrahim was asked: A man took a horse as 'ariyah and spurred it on, and the horse died. He said: There will be no liability, because a man does spur his horse.

Masruq used to impose liability for 'ariyah (a borrowed item).

Al-Hasan says: If someone borrows an animal and gives it out on hire, he will be liable.

A man from the descendants of Abdullah bin Safwan reports that Sayyiduna Safwan (may Allah be pleased with him) had fled from the Messenger of Allah (peace and blessings be upon him). The Messenger of Allah (peace and blessings be upon him) sent a man to him and granted him safety, and he accepted Islam. The Messenger of Allah (peace and blessings be upon him) was heading for Hunayn, so he said to him: "O Safwan, do you have any weapons?" He said: "Do you want them as a loan or by seizure?" The Messenger of Allah (peace and blessings be upon him) said: "As a loan." So Sayyiduna Safwan (may Allah be pleased with him) presented between 30 and 40 coats of mail as a loan. The Messenger of Allah (peace and blessings be upon him) fought the Battle of Hunayn, and when the polytheists had been defeated, the coats of mail of Sayyiduna Safwan (may Allah be pleased with him) were gathered, and a few of them were missing. The Messenger of Allah (peace and blessings be upon him) said: "O Safwan, we have lost some of your coats of mail. Shall we arrange replacement coats of mail for you?" Sayyiduna Safwan (may Allah be pleased with him) said: "No, O Messenger of Allah. What is in my heart today was never there before."

Ibrahim says: Shurayh never imposed liability for 'ariyah (a borrowed item), except that a woman took a ring as 'ariyah and placed it in the bathing place, and the ring was lost, so Shurayh made her liable for it.

Shurayh used to impose liability for 'ariyah (a borrowed item).

Al-Sha'bi says: Shurayh did not impose liability for 'ariyah or for a trust; then Ziyad ordered him to do so. The narrator says: I asked him: Then what did he do? Al-Sha'bi said: After that he kept ruling that liability was due until his death.

Abd al-Rahman bin al-Sa'ib says: A man took a camel as 'ariyah from another, and that camel perished. Marwan asked Sayyiduna Abu Hurayrah (may Allah be pleased with him) about this, and he ruled that he was liable.

It is narrated from Sayyiduna Abu Umamah al-Bahili (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said on the occasion of the Farewell Pilgrimage: "'Ariyah is to be returned to its owner, a debt is to be returned to its owner, and the guarantor is liable."

It is narrated from Sayyiduna Samurah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "The hand is responsible for what it has taken until it returns it."