What is the liability of an improvident person for property taken from others with the owner's consent after a restriction has been imposed (e.g., through loan or purchase)?
General Chapter
Al-Mughni
Book of Legal Interdiction
Primary text
Regarding wealth taken from people with the owners' consent, such as through a loan or purchase, the ruler must return it if it still exists. If it has perished, it remains the liability of the owner, irrespective of whether the owner knew about the restriction. If the owner knew, they were negligent in handing over assets to someone under restriction. If the owner did not know, they were negligent if the improvident person was in a position where their status was likely to be known.
Supporting text
If the property came into the improvident person's possession without the owner's authorization (i.e., without empowering him to take it), such as a deposit (Wadīʿah) or a borrowed item (ʿĀrīyah), one opinion holds that the improvident person is liable for its loss if destroyed or lost due to his negligence, as the custody was without the owner's explicit authorization, similar to property taken without authorization. Another view suggests he is not liable because the owner exposed it to his potential destruction by entrusting it to him, similar to a sold item.