I traveled to one of the countries on one occasion and borrowed a sum of money from a person, but I lost that money
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The questioner : The second question says: I traveled to one of the countries on one occasion and borrowed a sum of money from a person, but I lost that money. I informed him of this, but he did not believe me and was not convinced. He insisted that I give him his money in a short time that he set. What should I do? Am I obligated to pay his money even if it was stolen from me?
The Shaykh : He says he borrowed it from him?
The questioner : Yes.
The Shaykh : If you borrow money from a person, then this money becomes a debt in your liability, and the money you borrowed becomes your property. Therefore, if it is stolen, burned, falls, or is lost, it is at your expense, not at the expense of the lender. The lender’s right is established as a debt in your liability, so you must repay it to him. Therefore, the one who demands what he lent you, you must pay it to him, because as I said, if he lent it to you, you own the lent money, and its equivalent remains a debt in your liability that you pay to its owner. And his specifying a certain period is according to what you both agreed upon.
The questioner : Yes.
The Shaykh : If he lent it to you for a month, or for a year, or for more or less, then it is according to what you both agreed upon, and it is deferred according to the deferral, or according to the term, that you both agreed upon. This is the correct view in this issue: that a loan may be deferred, and it is not permissible for the lender, if he deferred it, to demand it before the term is completed. Even though some of the scholars, may Allah have mercy on them, say that a loan is not deferred by its deferral, and that if the lender deferred it, he has the right to demand it before the term, because the term is void in their view. The correct view is that if the term is agreed upon, it is binding, and it is not permissible to demand the loan before it is completed. Yes.
The questioner : This money that was stolen from him, is he liable to guarantee it to its owner, even if it was stolen from a secure place?
The Shaykh : This money is the borrower’s money.
The questioner : Yes.
The Shaykh : As long as it is a loan, it is in the ownership of the borrower. The lender’s right is established in the borrower’s liability. He has no share in this money. Yes, if the money were a deposit.
The questioner : Yes.
The Shaykh : Meaning he said to him, take this money with you as a deposit, or take this money and pay it to my family in such-and-such a country.
The questioner : Yes.
The Shaykh : In that case, if this money is lost without negligence on the part of the one who took it, and without transgression, then he is not liable to guarantee it. But if he was negligent and placed it in a place that was not secure, or if he transgressed and spent it for his need, then by that he becomes liable to guarantee it. So if there was no transgression and no negligence, and the money belonged to its owner.
The questioner : Yes.
The Shaykh : A deposit with this man, or given to him to pay to a person or to his family in another country, and it is lost without transgression or negligence, or is stolen, then he owes nothing.
The questioner : May Allah bless you.
This is a message sent by the listener Ahmad Sa'id Salim from Makkah al-Mukarramah, in his first question in his message.
The Shaykh : He says he borrowed it from him?
The questioner : Yes.
The Shaykh : If you borrow money from a person, then this money becomes a debt in your liability, and the money you borrowed becomes your property. Therefore, if it is stolen, burned, falls, or is lost, it is at your expense, not at the expense of the lender. The lender’s right is established as a debt in your liability, so you must repay it to him. Therefore, the one who demands what he lent you, you must pay it to him, because as I said, if he lent it to you, you own the lent money, and its equivalent remains a debt in your liability that you pay to its owner. And his specifying a certain period is according to what you both agreed upon.
The questioner : Yes.
The Shaykh : If he lent it to you for a month, or for a year, or for more or less, then it is according to what you both agreed upon, and it is deferred according to the deferral, or according to the term, that you both agreed upon. This is the correct view in this issue: that a loan may be deferred, and it is not permissible for the lender, if he deferred it, to demand it before the term is completed. Even though some of the scholars, may Allah have mercy on them, say that a loan is not deferred by its deferral, and that if the lender deferred it, he has the right to demand it before the term, because the term is void in their view. The correct view is that if the term is agreed upon, it is binding, and it is not permissible to demand the loan before it is completed. Yes.
The questioner : This money that was stolen from him, is he liable to guarantee it to its owner, even if it was stolen from a secure place?
The Shaykh : This money is the borrower’s money.
The questioner : Yes.
The Shaykh : As long as it is a loan, it is in the ownership of the borrower. The lender’s right is established in the borrower’s liability. He has no share in this money. Yes, if the money were a deposit.
The questioner : Yes.
The Shaykh : Meaning he said to him, take this money with you as a deposit, or take this money and pay it to my family in such-and-such a country.
The questioner : Yes.
The Shaykh : In that case, if this money is lost without negligence on the part of the one who took it, and without transgression, then he is not liable to guarantee it. But if he was negligent and placed it in a place that was not secure, or if he transgressed and spent it for his need, then by that he becomes liable to guarantee it. So if there was no transgression and no negligence, and the money belonged to its owner.
The questioner : Yes.
The Shaykh : A deposit with this man, or given to him to pay to a person or to his family in another country, and it is lost without transgression or negligence, or is stolen, then he owes nothing.
The questioner : May Allah bless you.
This is a message sent by the listener Ahmad Sa'id Salim from Makkah al-Mukarramah, in his first question in his message.