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26. Gratuitous Loan (ʿĀriyah)

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  • Ruling 2363

    A gratuitous loan is when a person gives his property to someone to use without taking anything in return.

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  • Ruling 2364

    It is not necessary that the parties say a particular formula (ṣīghah) [for a gratuitous loan agreement to be valid (ṣaḥīḥ)]. If, for example, a person gives some clothing to someone with the intention (qaṣd) of a gratuitous …

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  • Ruling 2365

    Lending a usurped (ghaṣbī) item or an item that belongs to the lender but its usufruct has been granted to someone else – such as property that has been given on rent (ijārah) – is valid only if …

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  • Ruling 2366

    If the usufruct of a property belongs to a particular individual – because he has rented it, for example – then that individual is allowed to loan it to someone else unless a condition is stipulated in the …

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  • Ruling 2367

    It is not valid if a child, insane person, or someone who has been proclaimed bankrupt (mufallas) or is foolish with finances (safīh)1 lends out his property. However, if the guardian (walī) deems it a matter of primary …

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  • Ruling 2368

    If a person is neither negligent in safeguarding the loaned property nor excessive in using it, but it so happens that the property perishes, he is not responsible (ḍāmin) for it. However, if a condition is stipulated that …

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  • Ruling 2369

    If a person borrows gold or silver and stipulates a condition that if it perishes he will not be responsible for it, in the event that it does perish, he will not be responsible for it.

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  • Ruling 2370

    If the lender dies, the borrower must act in accordance with the sequence of steps mentioned in Ruling 2358 concerning the death of an owner in a deposit agreement.

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  • Ruling 2371

    If the lender can no longer legally (sharʿan) have disposal over his property – for example, he becomes insane or unconscious – the borrower must act in accordance with the sequence of steps mentioned in Ruling 2357 concerning …

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  • Ruling 2372

    The lender and the borrower can annul the gratuitous loan agreement whenever they like.

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