What is required of the borrower regarding the return of the borrowed item?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
The borrower must return the item to the lender or their agent authorized to receive it in order for the borrower to be absolved of liability (dhaman). If the borrower returns the item to the place from which it was taken, or returns it to the owner's property, the borrower is not absolved of liability. This position is held by Al-Shafi'i. The obligation for return lies with the borrower based on the Prophet's saying, 'The loaned item must be returned,' and the principle, 'Liability rests with the possessor until it is returned.' The item must be returned to the place from which it was taken, unless both parties agree to return it elsewhere, similar to a wrongfully seized item (maghsub).
Supporting text
Abu Hanifa holds that the borrower is absolved of liability if the item is returned to the owner's property because it is considered accepted by custom, as returning loaned items typically occurs to their owners' properties, implying permission by custom. Additionally, if the item is returned to someone whose usual practice involves handling the owner's affairs, such as the borrower's wife who manages his property or the stable master (sa'is) for a beast of burden, the dominant view of the Madhhab suggests absolution from liability, as this is considered tacit permission similar to explicit permission. This is supported by the report that Imam Ahmad ruled that a custodian is not liable if they hand over a deposited item (wadi'ah) to the depositor's wife.