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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The ruling on one who borrows a mount and it perishes because of him

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Question:
This is a question from the student Muflih Ahmad al-Haqil. He says: A person borrowed a mount from another to carry a specific amount of goods on it. He then loaded it with something heavier than that, which caused the mount to perish. What is the ruling?

Answer:
He is liable for compensation. If he borrowed a mount from him to carry goods on it, and it died because of that—because he loaded it with something heavier—then he is liable for compensation, unless the owner of the mount forgives him. Otherwise, he is liable to compensate for it at its value at that time, even if it died because of the load.
And if it was within the permission granted, there is scholarly disagreement regarding compensation. If he took the loan as one that carries liability, he is liable for it, even if the load was what was permitted. If he took it as one that does not carry liability, it is a trust. Yes, but as long as he loaded it with something heavier and beyond what he was permitted, he is liable for it because of his transgression.

The presenter: May Allah reward you with good.
Source binbaz.org.sa

The Arabic text is copied verbatim from the original source, without any edits.

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