Is liability incurred for the loss of parts of a borrowed item that do not degrade through usage?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
Liability is mandatory for the loss of parts of the item that do not diminish through use. This is based on the principle that if the entirety of an item is guaranteed (e.g., usurped property), its constituent parts are also guaranteed.
Supporting text
A dissenting view holds that liability is not incurred for these parts. This position maintains that permission for use implicitly includes permission for the degradation of these specific parts, similar to the permission granted for the use itself (usufruct). Furthermore, these parts are deemed to have been permitted for destruction under the context of authorized use.