What is the ruling if the lender stipulates removal upon revocation while the item is returned undamaged?
General Chapter
Al-Mughni
Book of Loan for Use
Primary text
If the lender stipulates that the borrower must remove the item upon revocation, and the item is returned undamaged, the borrower is obligated to comply. This is based on the principle that Muslims adhere to their conditions, and the loan is restricted, not absolute, thus not encompassing anything outside the stipulated terms. The borrower willingly accepted the harm resulting from removal, and the landowner bears no liability for the resulting damage.
Supporting text
The leveling of excavation holes resulting from removal is obligatory only if stipulated; otherwise, it is not obligatory, as the lender consented to the harm of removal, including the digging, by stipulating removal without requiring leveling. Our scholars did not stipulate rent for the borrower in any of these matters, except when land is lent for planting, planted, and then the lender revokes before maturity. In that case, the borrower owes the fair rent (ujr mithli) from the moment of revocation, as the principle is that revocation is permissible, only restrained by the harm of removal. Paying rent reconciles both rights. This principle should extend to other similar situations where this rationale applies.