What is the obligation regarding the return of a borrowed item?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
There is no difference of opinion that the borrower must return the usufruct item if it still exists. Furthermore, the borrower is liable for its guaranteed return if it is destroyed, regardless of whether the destruction was due to direct action (ta'addi) or negligence. This view is held by Ibn Abbas, Abu Hurairah, and supported by Al-Shafi'i and Ishaq.
Supporting text
A number of scholars, including Al-Hasan, Al-Nakha'i, Al-Sha'bi, Umar ibn Abd al-Aziz, Al-Thawri, Abu Hanifa, Malik, Al-Awza'i, and Ibn Shubruma, hold that the item is a trust (Amanah) and liability is only established upon misuse (ta'addi). They rely on the tradition: "The borrower is not liable for anything other than what causes breakage [damage/misuse]." They argue that since the item was taken with the owner's permission, it functions as a trust, similar to a deposited item (Wadi'ah).