Is a borrowed item guaranteed if it is destroyed in the hands of the borrower, whether he was negligent or not?
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, if I lent a motorcycle to one of the brothers and he had an accident without intent, is it permissible for me to demand the value of the motorcycle, given that I had stipulated a guarantee with him?
Answer:
If you lent it to him, you did not rent it to him; you only lent it to him. So if he crashed with it and it was damaged or destroyed, he is liable for it. He asks: What is the value considered in the guarantee? Is it the value at the time of purchase or at the time of the accident? Its value on the day it was destroyed or damaged.
He says: Honorable Shaykh, may Allah grant you success, if I lent a motorcycle to one of the brothers and he had an accident without intent, is it permissible for me to demand the value of the motorcycle, given that I had stipulated a guarantee with him?
Answer:
If you lent it to him, you did not rent it to him; you only lent it to him. So if he crashed with it and it was damaged or destroyed, he is liable for it. He asks: What is the value considered in the guarantee? Is it the value at the time of purchase or at the time of the accident? Its value on the day it was destroyed or damaged.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1454 -2802] هل العارية تُضمن إذا تلفت في يد المستعير سواء فرط أو لم يفرط؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
