سنن ترمذي
Tirmidhi
كتاب البيوع عن رسول الله صلى الله عليه وسلمThe Book on Business
باب مَا جَاءَ فِي أَنَّ الْعَارِيَةَ مُؤَدَّاةٌChapter: ….
Hadith 1266
حَدَّثَنَا مُحَمَّدُ بْنُ الْمُثَنَّى، حَدَّثَنَا ابْنُ أَبِي عَدِيٍّ، عَنْ سَعِيدٍ، عَنْ قَتَادَةَ، عَنْ الْحَسَنِ، عَنْ سَمُرَةَ، عَنِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ ، قَالَ : " عَلَى الْيَدِ مَا أَخَذَتْ حَتَّى تُؤَدِّيَ " . قَالَ قَتَادَةُ : ثُمَّ نَسِيَ الْحَسَنُ ، فَقَالَ : " فَهُوَ أَمِينُكَ لَا ضَمَانَ عَلَيْهِ ، يَعْنِي الْعَارِيَةَ " . قَالَ أَبُو عِيسَى : هَذَا حَدِيثٌ حَسَنٌ صَحِيحٌ ، وَقَدْ ذَهَبَ بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَغَيْرِهِمْ ، إِلَى هَذَا وَقَالُوا : يَضْمَنُ صَاحِبُ الْعَارِيَةِ ، وَهُوَ قَوْلُ : الشَّافِعِيِّ ، وَأَحْمَدَ ، وقَالَ بَعْضُ أَهْلِ الْعِلْمِ مِنْ أَصْحَابِ النَّبِيِّ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ وَغَيْرِهِمْ : لَيْسَ عَلَى صَاحِبِ الْعَارِيَةِ ضَمَانٌ ، إِلَّا أَنْ يُخَالِفَ ، وَهُوَ قَوْلُ : الْثَّوْرِيِّ ، وَأَهْلِ الْكُوفَةِ ، وَبِهِ يَقُولُ إِسْحَاق .
It is narrated from Samurah (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: "Whatever the hand has taken, it is a liability upon him until he returns it." 1 Qatadah says: Then Hasan al-Basri forgot this hadith and began to say, "Whoever borrows something, he is your trustee, there is no liability upon him," meaning that if a borrowed item is destroyed, there is no liability. © Imam Tirmidhi says:
1- This hadith is Hasan Sahih.
2- Some of the Companions and other scholars have also adopted this view; they say: The one who borrows something is liable. This is also the opinion of Shafi'i and Ahmad.
3- Some of the Companions and other scholars say that there is no liability upon the borrower, unless he acts contrary to the owner's instructions. This is the view of Thawri and the scholars of Kufa, and Ishaq ibn Rahwayh also holds this opinion.
1- This hadith is Hasan Sahih.
2- Some of the Companions and other scholars have also adopted this view; they say: The one who borrows something is liable. This is also the opinion of Shafi'i and Ahmad.
3- Some of the Companions and other scholars say that there is no liability upon the borrower, unless he acts contrary to the owner's instructions. This is the view of Thawri and the scholars of Kufa, and Ishaq ibn Rahwayh also holds this opinion.
Related hadith on this topic
Explanation & Benefits
Shaykh Dr. Abdur Rahman Freywai
Explanation:
1:
From this hadith, it is understood that a borrowed item (ariyah) remains obligatory to be returned by the borrower until it is given back.
Whether the guarantee (daman) of the borrowed item is upon the borrower or not,
there are three opinions regarding this:
The first opinion is that in every situation, he is its guarantor, whether the condition of guarantee was stipulated or not.
This is the view of Ibn Abbas,
Zayd ibn Ali,
Ata,
Ahmad,
Ishaq, and Imam Shafi'i rahimahumullah.
The second opinion is that if the condition of guarantee was not stipulated, then its responsibility will not be upon him.
The third opinion is that even with the condition, guarantee is not required as long as there is no betrayal. This hadith supports the first opinion.
Note:
(Qatadah and Hasan al-Basri are both mudallis,
and the narration is with 'an'anah,
therefore this chain is weak.)
1:
From this hadith, it is understood that a borrowed item (ariyah) remains obligatory to be returned by the borrower until it is given back.
Whether the guarantee (daman) of the borrowed item is upon the borrower or not,
there are three opinions regarding this:
The first opinion is that in every situation, he is its guarantor, whether the condition of guarantee was stipulated or not.
This is the view of Ibn Abbas,
Zayd ibn Ali,
Ata,
Ahmad,
Ishaq, and Imam Shafi'i rahimahumullah.
The second opinion is that if the condition of guarantee was not stipulated, then its responsibility will not be upon him.
The third opinion is that even with the condition, guarantee is not required as long as there is no betrayal. This hadith supports the first opinion.
Note:
(Qatadah and Hasan al-Basri are both mudallis,
and the narration is with 'an'anah,
therefore this chain is weak.)
Source: Sunan al-Tirmidhi – Majlis ‘Ilmi Dar al-Da‘wah, New Delhi Edition, Page: 1266
Shaykh Umar Farooq Saeedi
Benefits and Issues:
Benefit: This narration is weak in its chain of transmission.
And the truth is that if something taken on loan (ariyah) is lost, its guarantee (daman) must be given.
Benefit: This narration is weak in its chain of transmission.
And the truth is that if something taken on loan (ariyah) is lost, its guarantee (daman) must be given.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 3561
Maulana Ataullah Sajid
Benefits and Issues:
The mentioned narration is weak in its chain of transmission, but the fact remains true that the return of a loan, a trust (amanah), and something borrowed (ariyah) is obligatory. The evidences for this are found in the Noble Qur’an and other authentic ahadith, for example:
The statement of Allah, the Exalted:
﴿وَالَّذِیْنَ ھُمْ لِاَمٰنٰتِھِمْ وَعَھْدِھِمْ رَاعُوْنَ﴾ (Al-Mu’minun 23:8)
“And those who are watchful of their trusts and their covenants.” (They are the successful believers.)
And see (Sunan Ibn Majah, Hadith: 2401)
The mentioned narration is weak in its chain of transmission, but the fact remains true that the return of a loan, a trust (amanah), and something borrowed (ariyah) is obligatory. The evidences for this are found in the Noble Qur’an and other authentic ahadith, for example:
The statement of Allah, the Exalted:
﴿وَالَّذِیْنَ ھُمْ لِاَمٰنٰتِھِمْ وَعَھْدِھِمْ رَاعُوْنَ﴾ (Al-Mu’minun 23:8)
“And those who are watchful of their trusts and their covenants.” (They are the successful believers.)
And see (Sunan Ibn Majah, Hadith: 2401)
Source: Commentary on Sunan Ibn Mājah by Mawlānā ‘Atā’ullāh Sājid, Page: 2400
Shaykh Safi ur-Rahman Mubarakpuri
Takhrij:
«أخرجه أبوداود، البيوع، باب في تضمين العارية، حديث:3561، والترمذي، البيوع، حديث:1266، وابن ماجه، الصدقات، حديث:2400، وأحمد:5 /8، 13، والنسائي في الكبرٰي:3 /411، حديث:5783.* قتادة عنعن.»©
Explanation:
➊ The aforementioned narration is weak in its chain of transmission; however, it is a fact that the return of a loan, a trust (amanah), and something borrowed (ariyah) is obligatory. The evidences for this are found in the Noble Qur’an and other authentic ahadith. For example, Allah the Exalted says: ﴿ وَالَّذِیْنَ ھُمْ لِاَمٰنٰتِھِمْ وَعَھْدِھِمْ رَاعُوْنَ ﴾ (Al-Mu’minun 23:8) “And those who are watchful of their trusts and their covenants (they are the successful believers).”
➋ Upon whom is the guarantee and responsibility for something taken on loan? Is it upon the one who borrows it (the borrower) or not? There are three opinions regarding this: The first opinion is that in all cases, the guarantee and responsibility is upon the one who borrows it, whether this condition was stipulated or not. This is the view of Ibn Abbas radi Allahu anhuma, Zayd ibn Ali, Ata’, Ahmad, Ishaq, and Imam Shafi’i rahimahumullah.
The second opinion is that if the condition of guarantee and responsibility was not stipulated, then he is not liable for it, as will be mentioned ahead in the narration of Ya’la radi Allahu anhu.
The third opinion is that even if the condition was stipulated, he will not be liable, provided that he does not commit treachery.
«أخرجه أبوداود، البيوع، باب في تضمين العارية، حديث:3561، والترمذي، البيوع، حديث:1266، وابن ماجه، الصدقات، حديث:2400، وأحمد:5 /8، 13، والنسائي في الكبرٰي:3 /411، حديث:5783.* قتادة عنعن.»©
Explanation:
➊ The aforementioned narration is weak in its chain of transmission; however, it is a fact that the return of a loan, a trust (amanah), and something borrowed (ariyah) is obligatory. The evidences for this are found in the Noble Qur’an and other authentic ahadith. For example, Allah the Exalted says: ﴿ وَالَّذِیْنَ ھُمْ لِاَمٰنٰتِھِمْ وَعَھْدِھِمْ رَاعُوْنَ ﴾ (Al-Mu’minun 23:8) “And those who are watchful of their trusts and their covenants (they are the successful believers).”
➋ Upon whom is the guarantee and responsibility for something taken on loan? Is it upon the one who borrows it (the borrower) or not? There are three opinions regarding this: The first opinion is that in all cases, the guarantee and responsibility is upon the one who borrows it, whether this condition was stipulated or not. This is the view of Ibn Abbas radi Allahu anhuma, Zayd ibn Ali, Ata’, Ahmad, Ishaq, and Imam Shafi’i rahimahumullah.
The second opinion is that if the condition of guarantee and responsibility was not stipulated, then he is not liable for it, as will be mentioned ahead in the narration of Ya’la radi Allahu anhu.
The third opinion is that even if the condition was stipulated, he will not be liable, provided that he does not commit treachery.
Source: Bulugh al-Maram: Commentary by Safiur Rahman Mubarakpuri, Page: 751
