Is the borrower obligated to accept the return of the loaned item?
Chapter on Loan (Qard)
Al-Mughni
Book of Sales
Primary text
The borrower must accept the return of what he borrowed from the lender, provided the item is in its original condition, undiminished, and without defect, because it conforms to the description of his right. Acceptance is obligatory upon him, similar to goods sold under a salam contract or when someone else offers the identical item.
Supporting text
There is an alternative view suggesting that the borrower is not obligated to accept the return if the item is non-fungible (ghayr mithli), because in such a loan, the obligation reverts to returning its value. Returning the item itself would not fulfill the obligated value, thus acceptance should not be mandatory, similar to a sale.