Is the rented item (ain) considered a trust (amanah) in the possession of the lessee (musta'jir)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The rented item is a trust in the possession of the lessee. If it is destroyed without negligence (tafrit), the lessee is not liable for damages. This understanding is supported by the general ruling that when one takes possession of an item to extract a usufruct (manfa'ah) to which they are entitled, it becomes a trust, analogous to a slave bequeathed for service or a wife taken by her husband. Abu Abdullah (Ahmad ibn Hanbal) held that one is not responsible for items lost or stolen when renting out coverings or tents for travel to Mecca. This ruling is not known to have a dispute, based on the principle that a contract not necessitating liability (daman) does not necessitate the return or its costs, similar to a deposit (wadi'ah).
Supporting text
The ruling differs from a loaned item (ariyya), where the recipient is not entitled to its usufruct and must return it after the term expires. Liability (daman) is obligatory for a loaned item, thus its return is also obligatory, unlike the lease agreement here.