The Creed of Compassion-Islamic Teachings & Answering Doctrinal Misconceptions

Issue No.2002- If the owner of a property specifies a place for its safekeeping, telling the person who has accepted the deposit, “You will secure the property here, and you will not take it to anywhere else,” the trustee does not have the right to transfer it somewhere else, unless he considers it likely that the object may perish at that place and he knows that the place does not bear any significance for the owner and his only objective in specifying that place was the safety of the property. However, if he does not know the reason why the owner of the property said so, he should not transfer it to another place, and if he does and it is lost or damaged, he should, as an obligatory precaution, give its substitute.

Issue No.2003- If the owner of a property specifies a place for its safe keeping, but does not tell the trustee not to transfer it to any other place, and if the trustee considers it probable that it will perish in that place, he should transfer it to somewhere else which is more secure, and if the property is kept in the first place and it is lost or damaged, he will be responsible.

Issue No.2004- If the owner of a property becomes insane, the trustee should return it immediately to his legal guardian, or inform him so that he retrieves it. In case he does not do so without any valid excuse, and the property is perished, he will be responsible for it, unless his guardian allows the deposit to remain in its place.

Issue No.2005- If the owner of a property dies, the trustee should deliver the deposit to the heirs or inform them to collect it. In case he fails to do so, he is responsible. However, if he does not deliver the property in order to investigate whether the claimants are the right heirs or not, or whether there are other heirs of the deceased, and in the meantime the property perishes, he will not be responsible.

Issue No. 2009- ‘Ārīyah (lending) means that a person gives his property to another person for temporary use without taking anything in exchange.

Issue No. 2010- Lending can be done in two ways; either a formal formula is pronounced in English or Arabic, for example, a person says to another one,” I lend this property to you,” and he also accepts it, or without uttering a word, he gives a property to some other person with the intention of lending and he also takes it with the intention of borrowing.

Issue No. 2011- It is not in order to lend a usurped property or an item which belongs to the lender, but its benefit has been assigned to some other person, unless those persons agree with it being lent.

Issue No. 2012- A property whose benefit belongs to a person, for example he has it taken on lease, can be lent to some other person provided that he is entitled to sublet it according to the agreement.

Issue No. 2013- An insane person or minor cannot lend his own property. If, however, the legal guardian of a person considers it expedient to give his property on loan there is no harm in it.

Issue No. 2014- If a person has borrowed something, and it is lost or damaged, he will not be responsible, except for when he has failed to look after it. Similarly, in case, the lender stipulates that the borrower would be responsible for loss or damage, or if the item borrowed is gold or silver or ornaments made of gold or silver and it is lost or damaged, the borrower should compensate for it.

Issue No. 2015- If the lender dies, the borrower should give the borrowed object to his heirs, and if he becomes insane, it should be given to his legal guardian.

Issue No. 2016- The lender can take back the thing he has lent as and when he likes, and the borrower can also give it back at any time he wishes.