What is the ruling if a borrower rents out an item without the owner's permission?

General Chapter

Al-Mughni

Book of Loan for Use

Book 21 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the borrower rents the item without the owner's permission, the rental contract is invalid (lam tasih al-ijarah). The renter (musta'jir) becomes responsible for guaranteeing the item. The owner has the right to hold either the borrower or the renter liable for the item, following the rules previously established regarding unauthorized use of a borrowed item ('ariyah).