The lessee’s guarantee for the leased item
Machine translationRead the Arabic original
The questioner:
So what you accepted from him, you accepted from a human being in the first place, and you accepted it from him. This is the statement of the one who was commanded.
The Shaykh:
Hmm?
The questioner:
You see the land with its people, the noise and the bag in his hand, and this is not to be believed. You know that from it, especially if a single color is drawn on it, or
The Shaykh:
The leased item is a trust in the hands of the lessee. He does not guarantee it unless he transgresses. If he transgresses, the destruction is due to his transgression and misuse, so he guarantees it. However, if the use is ordinary and no negligence occurred on his part, he does not guarantee it, because it is a trust in his hand, and the trustee does not guarantee it unless he is negligent.
So what you accepted from him, you accepted from a human being in the first place, and you accepted it from him. This is the statement of the one who was commanded.
The Shaykh:
Hmm?
The questioner:
You see the land with its people, the noise and the bag in his hand, and this is not to be believed. You know that from it, especially if a single color is drawn on it, or
The Shaykh:
The leased item is a trust in the hands of the lessee. He does not guarantee it unless he transgresses. If he transgresses, the destruction is due to his transgression and misuse, so he guarantees it. However, if the use is ordinary and no negligence occurred on his part, he does not guarantee it, because it is a trust in his hand, and the trustee does not guarantee it unless he is negligent.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تابع باب شروطه وما نهي عنه منه - 4 — islamhouse.com (57:51)
The Arabic text is a machine transcription of the audio recording.