Guarantee for Borrowed (Ariyah) Items

Hazrat Ibn Abi Mulaikah says that Hazrat Ibn Abbas (may Allah be pleased with them both) wrote to me in a letter that guarantee should be taken for a borrowed item (ariyah) if the owner of the item wishes.

Hazrat Sawadah bin Ziyad says that I wrote a letter to Hazrat Umar bin Abdul Aziz, stating that a woman asked someone for jewelry for the purpose of marriage, and then the jewelry was lost. What is the ruling regarding this? He replied that if the woman did not commit any dishonesty in this matter, then there is no liability.

Hazrat Umar bin Abdul Aziz used to stipulate a guarantee for borrowed (loaned) items.

Hazrat Ali (may Allah be pleased with him) said regarding a borrowed item (ariyah) that it is a trust.

Hazrat Shabak narrates that a woman obtained some rings from someone for use. One day, when she was about to perform ablution, she placed the rings in her lap, and the rings fell somewhere. This case was brought before the court of Qazi Shurayh. It was said to him that she had taken these rings as a loan to return them, but now she has violated the agreement. Hazrat Shurayh held her liable for them.

Ibrahim says that there is no liability upon the one who rents something or borrows it, but if they go against the agreement, then there is liability.

Hazrat Hakam and Hazrat Hammad did not consider there to be any guarantee (liability) for a borrowed (loaned) item.

Hasan says that when the borrower of a loaned item goes against the agreement, he will be liable.

Hazrat Ata says that there is liability for borrowed (loaned) items.

Hazrat Ibn Abbas (may Allah be pleased with them both) used to prescribe liability for borrowed (loaned) items, and according to Ibn Jurayj, when the owner demands it.

21782 - Ibn Jurayj added: If its owner (followed it). (1) (2).

Hazrat Ali (may Allah be pleased with him) says that a loaned item is neither a sale nor does it carry liability; it is an act of kindness. However, if the user goes against the agreement, then liability will apply.

Ibrahim was asked about a man who borrowed a horse, and when he spurred the horse, it died. He replied that there will be no liability, because a man usually spurs a horse.

Hazrat Masrooq used to stipulate liability for borrowed (loaned) items.

Hasan says that if someone borrows an animal and then gives it on rent, he will be held liable.

A man from the descendants of Abdullah bin Safwan narrates that Safwan 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, granted him protection, and he accepted Islam. When the Messenger of Allah, peace and blessings be upon him, was going towards Hunain, he said to him, "O Safwan, do you have weapons?" He said, "Do you want them as a loan or by force?" The Prophet, peace and blessings be upon him, said, "As a loan." So Safwan presented thirty coats of mail as a loan. The Messenger of Allah, peace and blessings be upon him, fought the battle of Hunain. When the polytheists were defeated, Safwan's coats of mail were collected, but a few were missing. The Prophet, peace and blessings be upon him, said, "O Safwan! We have lost some of your coats of mail. Shall we arrange substitutes for you?" Safwan replied, "No, O Messenger of Allah! What is in my heart today was never there before."

Ibrahim states that Hazrat Shurayh never imposed liability (guarantee) for borrowed items, except in the case where a woman borrowed a ring, placed it in the bathhouse, and the ring was lost; Hazrat Shurayh held her liable for it.

Hazrat Shurayh used to stipulate liability for borrowed items (ariyah).

Hazrat Sha'bi says that Hazrat Shurayh did not consider liability necessary for borrowed items and trusts, then Ziyad ordered him to do so. The narrator says that I asked him, then what did he do? Hazrat Sha'bi replied that then he continued to decide that liability would remain necessary until death.

Hazrat Abdur Rahman bin Sa’ib narrates that a man borrowed a camel from another man, and the camel died. Marwan asked Hazrat Abu Hurairah (may Allah be pleased with him) about this matter, and he declared liability (guarantee) upon him.

It is narrated from Hazrat Abu Umamah Bahili (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said at the occasion of the Farewell Pilgrimage: "A borrowed item shall be returned to its owner without guarantee, a loan shall be returned to its owner without guarantee, and a guarantor is responsible."

It is narrated from Hazrat Samurah (may Allah be pleased with him) that the Messenger of Allah (peace and blessings be upon him) said: "Whatever the hand has taken is binding upon it until it is returned."