What is the liability for degradation of a borrowed item due to the passage of time?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 6 · Bab 1

Open in Qurani

Primary text

Degradation occurring due to the mere passage of time over the item should be treated identically to degradation resulting from authorized use. This is because retention (holding onto the item) itself was permitted, thus resembling degradation arising from an action that was permitted.

Supporting text

However, degradation caused by external factors not related to use or retention, such as fire, necessitates liability for the part destroyed by the fire, as this type of damage was not encompassed by the authorized use.