Rules regarding Borrowing and Lending (Ariyah)
2353. Ariyah means that a person gives his property to another person for use without asking anything in exchange.
2354. It is not necessary in the case of Ariyah that a formal formula be pronounced. So, for example, a person gives a dress to someone with the intention of lending, and he takes it with the intention of borrowing, it is in order.
2355. Lending a thing which has been usurped, and a thing which belongs to the lender but its benefit has been assigned to some other person, like, if it has been given on lease, will be valid only when the owner of the usurped thing, or the assignee is agreeable to its being lent.
2356. The assignee of any benefit, like a lessee, can lend the object or property he has leased, to others. However, if in the agreement of lease, it stipulates that he only can use the object, he cannot give it into the possession of anyone else.
2357. If an insane person, or a minor child, or one who is bankrupt, or a feeble-minded squanderer, lends his property, it is not valid. But if the guardian of such persons considers it expedient to lend the property under his guardianship, there is no harm in it. Similarly, if a bankrupt lends an article with the permission of creditors.
2358. If a person who has borrowed something is not negligent in its keep, nor does he go beyond moderation in its use, he will not be responsible if it is lost or damaged by chance. However, if the two parties stipulate that, the borrower would be responsible for loss or damage, or if the thing borrowed is gold or silver and it is lost or damaged, the borrower should compensate for it.
2359. If a person borrows gold or silver and stipulates that if it is lost or damaged, he will not be responsible, there is Ishkal in the authenticity of the condition. However, there is no harm if he stipulates that if its price falls, he will not be responsible.
2360. If the lender dies, the borrower should give the object to the lender’s heirs.
2361. If the lender is incapacitated in such a way that he does not have any right of disposal or discretion over his property, like, if he becomes insane, the borrower must give the borrowed object to its guardian.
2362. A lender can rescind the transaction as and when he likes, and the borrower can also do so at any time he wishes.
2363. Lending something which is not Halal to use, like, utensils of gold and silver for eating or drinking, and instruments of amusement and gambling, is void.
2364. Giving on loan a sheep for the use of its milk and wool, and lending a male animal for mating, is in order.
2365. If a borrower gives the borrowed property to the owner, or to his agent, or guardian, and thereafter that thing is lost or damaged, the borrower is not responsible.
But if he takes it to a place without the permission of its owner, or his agent, or guardian, although it may be a usual place where the owner usually kept it - for example, if he takes the borrowed horse to the stable which has been prepared for it by its owner, and ties it there, and it is lost or destroyed later, or someone destroys it, the borrower is responsible for it.
2366. If a person lends a Najis thing to use where its use requires it to be Pak, for example, if he lends a Najis utensil for eating purpose, he should inform the borrower about it. However, if he lends a dress, it is not necessary to inform the borrower about it, even if he knows that he will offer his prayers with it.
2367. If a person has borrowed a thing, he cannot give it to another person without the permission of its owner.
2368. If a thing is borrowed, and is then lent to another person with the permission of its owner, and the first borrower dies or becomes insane, the second lending does not become invalid.
2369. If a borrower knows that the borrowed property has been usurped, he should deliver it to its rightful owner, and he cannot give it to the lender.
2370. If a person borrows something about which he knows that it has been usurped, and utilizes it, and then it is lost or damaged while in his possession, the rightful owner can demand compensation for that thing, and the benefit derived from it, from him, or from the lender who usurped it. And if he takes that compensation from the borrower, the borrower cannot claim from the lender what he has paid to the rightful owner.
2371. If the borrower does not know that the property which he has borrowed is a usurped one, and it is lost or damaged while it is with him, and if its owner receives compensation from him, he too, can demand from the lender what he has paid to the owner. But if the thing borrowed is gold or silver, or if the person who lent him the property stipulated that if it is lost or damaged he will have to give him compensation for it, he cannot demand from the lender the compensation which he gives to the rightful owner of the property.