Does lending an object (*ʿāriyya*) break an oath sworn against giving a gift?

General Chapter

Al-Mughni

Book of Oaths

Book 59 · Issue 3 · Bab 1

Open in Qurani

Primary text

Lending an object does not break an oath sworn against giving a gift, according to Al-Qaadi and the madhhab of Al-Shafi'i. This is because a gift involves the transfer of ownership of the object itself, whereas in a loan, ownership is not transferred. The borrower only has permission to use the benefit, and the lender retains the right to revoke it. Furthermore, the borrower cannot rent or lend the object.

Supporting text

Abu Al-Khaṭṭāb maintains that the oath is broken because lending constitutes a gift of the usufruct (benefit).