What compensation is due to the true owner when borrowed property is used and later found to be rightfully owned by another?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 1 · Bab 1

Open in Qurani

Primary text

If someone borrows an item, utilizes it, and it is subsequently discovered that another party is the rightful owner, the true owner is entitled to demand the fair rental value (ujrat mithli) from either the borrower (musta'ir) or the lender (mu'ir). If the borrower assumes liability (daman) for this compensation, the borrower may then seek recourse against the lender, as the lender deceived the borrower into using the item under the assumption of no rental fee. If the true owner demands compensation from the lender, the lender has no right to recourse against the borrower, as liability for compensation has settled upon the lender.