What happens to the loan of a wall or beams if the wall collapses or the beams are removed by the borrower?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the wall collapses, removing the beams, or if the borrower removes the beams voluntarily, the borrower does not possess the right to return them, regardless of whether the wall was built using their materials or not. This is because a loan for use is not binding (la talzam), and the restriction on revocation before collapse was due to the harm caused to the borrower by removing what was permitted to be placed. Since the initial condition is removed, the restriction is lifted. The same ruling applies if the beams and the wall fall down intact.