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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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Guarantee of a borrowed item if it is damaged

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Question:
May Allah reward you with good and do you good. Our sister asks another question, saying: Is it permissible to provide compensation, meaning to replace the item that is lent out, if any harm befalls it? Yes. She asks: Is it permissible to provide compensation, meaning to replace the item that is lent out, if any harm befalls it?

Answer:
Regarding the loan (‘ariyyah), the scholars differed on whether the borrower is liable for guaranteeing it or not liable unless he transgresses in its use. There are two opinions among the scholars of knowledge. The stronger opinion, and Allah knows best, is that there is no guarantee required unless the borrower transgresses in its use and it is destroyed or affected in a manner other than what it was borrowed for; in that case, he is liable. However, if he uses it in a customary manner, he is not liable, because its owner permitted him to do so. His only obligation is to return the loan if it is still present. If it is destroyed without any negligence or carelessness on his part, he is not liable for a guarantee, because its owner authorized him to use it and lent it to him, and he did not transgress in its use. Yes.
Source قناة «العلامة الدكتور صالح الفوزان»، 4360- ضمان العارية إذا تلفت - الشيخ صالح الفوزان — youtube.com

The Arabic text is a machine transcription of the audio recording.

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