What is the legal weight of the hadith stating the borrowed item must be returned ('Al-'Ariyah Mu'addah') in relation to liability?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 4 · Bab 1

Open in Qurani

Primary text

The obligation to return the item supports the view that it is a trust, as the Quran commands, "Indeed, Allah commands you to render trusts to whom they are due" (Quran 4:58). In contrast, the opinion that the loan is guaranteed is supported by the Prophet's statement to Safwan, "Nay, it is a guaranteed loan," and the saying, "The hand is responsible for what it takes until it returns it." Liability is established because the borrower took another's property for their sole benefit without entitlement or permission to destroy it, making it similar to wrongful appropriation (Ghasb) or an item taken on the basis of inquiry (Sum).

Supporting text

The opposing side's reliance on the hadith of Safwan is countered by the claim that the chain of narration for the opposing argument (the one mentioning the item is only liable upon misuse) is weak due to weak narrators (Umar ibn Abd al-Jabbar and Ubayd ibn Hassan) in the chain going back to Amr ibn Shu'ayb.