Rules regarding borrowing and lending (Ariyat)
2353. Ariyat 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 Ariyat 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. But, as a precaution, he cannot give it into the possession of the borrower without the owner's permission.
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 minor acts as an intermediary in delivering the lent article to the borrower, there is no objection.
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, he is not responsible if it is lost.
2360. If the lender dies, the borrower should give it to the former' heirs, acting according to rule 2348 in respect of the deposits.
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 or unconscious, the borrower must act in the manner explained in rule 2348 in respect of deposits.
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, instruments of amusement and gambling, and utensils of gold and silver for eating or drinking, or for any other purposes, is void. However, giving them on loan for the purpose of decoration is permissible, although precaution is that they should not be given on loan even for this purpose.
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 some one destroys it, the borrower is responsible for it.
2366. If a person lends a Najis thing, and if the situation is like the one explained in rule 2065, he must inform the borrower about it being Najis.
2367. If a person has borrowed a thing, he cannot give it to another person on hire or loan, 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 utilises 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.
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