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26. Gratuitous Loan (ʿĀriyah)

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  • Ruling 2373

    Lending an item that has no lawful (ḥalāl) use – such as instruments of amusement and gambling – is invalid (bāṭil). The same applies to lending gold or silver utensils for the purpose of eating and drinking from …

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  • Ruling 2374

    Lending a sheep to use its milk and wool, and lending a male animal to mate with a female one, is valid.

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  • Ruling 2375

    If a borrower returns the loaned item to its owner, the owner’s agent (wakīl), or the owner’s guardian, and afterwards the item perishes, the borrower is not responsible for it. However, if the borrower takes the property to …

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  • Ruling 2376

    If a person lends an impure (najis) item, he must inform the borrower of this according to the instructions mentioned in Ruling 2065.

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  • Ruling 2377

    A person cannot give on rent or lend an item he has borrowed without the owner’s consent.

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  • Ruling 2378

    If a person lends some property he has borrowed to someone without the owner’s consent, in the event that the person who first borrowed it dies or becomes insane, the second person’s loan does not become invalid.

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  • Ruling 2379

    If a person knows that the property he has borrowed is usurped, he must return it to its owner; he cannot return it to the lender.

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  • Ruling 2380

    If a person borrows some property he knows is usurped and uses it, and it perishes in his possession, the owner can claim compensation for the property and its use from the borrower or the usurper. If the …

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  • Ruling 2381

    If a borrower does not know that the property he has borrowed is usurped, and it perishes in his possession, in the event that the owner acquires compensation from him, he in turn can claim from the lender …

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