The Difference Between Transgression and Negligence in the Guarantee of a Loaned Item
Machine translationRead the Arabic original
Question:
Honorable Shaykh! You mentioned that the stronger position regarding the guarantee of a loaned item is that it is guaranteed if there is a condition or transgression. Is there a difference between transgression and negligence?
Answer:
The distinction is that transgression is when a condition of guarantee is stipulated. For example, if one says, "I am lending this to you on the condition that you guarantee it," the Muslims are bound by their conditions, so he guarantees it. Or if he transgressed in using it and destroyed it, he guarantees it, because transgression is subject to guarantee. It is not permissible to transgress against the property of people, and he was not given permission to destroy it; he was only given permission to use it. Yes.
Honorable Shaykh! You mentioned that the stronger position regarding the guarantee of a loaned item is that it is guaranteed if there is a condition or transgression. Is there a difference between transgression and negligence?
Answer:
The distinction is that transgression is when a condition of guarantee is stipulated. For example, if one says, "I am lending this to you on the condition that you guarantee it," the Muslims are bound by their conditions, so he guarantees it. Or if he transgressed in using it and destroyed it, he guarantees it, because transgression is subject to guarantee. It is not permissible to transgress against the property of people, and he was not given permission to destroy it; he was only given permission to use it. Yes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، باب العارية — islamhouse.com (1:06:22)
The Arabic text is a machine transcription of the audio recording.