Is it permissible for a borrower (musta'ir) to rent out an item borrowed with the owner's permission?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 1 · Bab 1

Open in Qurani

Primary text

It is permissible for the borrower to rent out an item if the owner grants permission for a specified period, or grants permission generally, or grants permission for a specific duration. This permissibility stands because the right belongs to the owner, and thus what the owner permits is valid. The owner cannot revoke this permission after the rental contract (ijarah) has been concluded until its term expires because the rental contract is binding (lazim). The borrowed item is guaranteed by the borrower (musta'ir), but not guaranteed by the renter (musta'jir) because the rental contract itself does not necessitate a guarantee.