How is guarantee determined for a destroyed item?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 2 · Bab 1

Open in Qurani

Primary text

Guarantee for a specific item must be rendered by an equivalent item if the item is fungible (mithli). If the item is not fungible (qīmi), its guarantee is due based on its value on the day of its destruction.

Supporting text

When guarantee is due for damaged parts resulting from authorized use, the guarantor is liable for the value of the item before the parts were destroyed, if that value was higher at that time. If the value was lower, the guarantee is based on its value on the day of destruction, which applies to both established views regarding the valuation of non-fungible items.