Is the offspring of a borrowed item (Ma'arah) liable for guarantee?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 1 · Bab 1

Open in Qurani

Primary text

Guarantee for the offspring of a borrowed item is not obligatory according to one view because the offspring did not enter into the loan contract, and thus does not enter into the guarantee, resembling a deposited item (Wadi'ah) as the borrower derives no benefit from it. The sounder view is that no guarantee is due for the offspring of a borrowed item if it is not found with its mother, paralleling the ruling for the offspring of a wrongfully seized item (Maghsubah) when that item itself is not wrongfully seized.

Supporting text

Guarantee is due for the offspring of a wrongfully seized item only when the item itself is wrongfully seized. Another view holds that the offspring of a borrowed item is liable for guarantee because it is the offspring of a guaranteed item, similar to the offspring of a wrongfully seized item.