The Meaning of Borrowing
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. 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.
Issue No. 2018- It is in order to lend a sheep for its milk and wool, and it is also permissible to lend other animals for their lawful benefits.
Issue No. 2021- If it transpires later that the item borrowed is usurped, he should return it to its rightful owner, and if he does not know its owner, he should follow the rules for the properties whose owner is unknown. In any case, he is not allowed to give it to the lender.
Issue No. 2022- If a person borrows something about which he knows that it has been usurped, and it is lost or damaged while in his possession, the rightful owner can demand compensation for that property, and if he does not have access to him, he should demand compensation from the person who usurped it. The borrower should also pay for the benefits which he has derived from it. In case the borrower did not know that the property was usurped, and if the rightful owner receives from the borrower compensation for damage or lost property or for the benefits derived from it, the borrower can demand what he has paid to the rightful owner from the lender who had usurped the property, provided that the lender had not stipulated that if the property was lost or damaged, the borrower would be responsible, and that the borrowed item should not have been made of gold or silver.
Issue No. 2023- Marriage is one of the recommended acts, however, if one fears that he might fall into haram by not getting married, then marriage will become obligatory upon him.