'Ariya: the loan for use

Islamic Fiqh > Endowments (waqf) and property > 'Ariya: the loan for use

Lending a utensil, a mount or a house without price: the 'ariya, its return rules and the schools' divergence on liability in case of damage.

Updated on 07 October 2026 at 6:42 PM

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The evidence among the classical schools

Bada'i al-Sana'i by al-Kasani · Hanafi school

because it (the loan) is qualified by restriction owing to people's differences in the use of mounts and clothes, for riding and wearing. Consideration of the restriction is therefore necessary therein. If he acts so until it perishes, he is liable, for he has contravened; if he rides alone and has another ride with him, then she goes lame: if the mount is of those bearing the weight of both, he answers for half the mount's value, for he contravened only to the extent of half; if the mount is of those not bearing the weight of both, he answers for her whole value, for he exhausted her. And if he lent a house to dwell in alone, he may let another dwell in it.

Al-Mughni by Ibn Qudama · Hanbali school

They said: and the Prophet's words (peace and blessings of Allah be upon him): "The loan for use ('ariya) is to be returned" indicate that it is a deposit, according to the word of Allah, the Most High: "Allah commands you to render trusts to whom they are due". And for us, the words of the Prophet (peace and blessings of Allah be upon him), in the hadith of Safwan: "Rather, a guaranteed loan". And al-Hasan reported, from Samura, from the Prophet (peace and blessings of Allah be upon him), that he said: "The hand is responsible for what it took until it returns it". Abu Dawud and at-Tirmidhi reported it. And he said: a good, rare hadith. And because he took another's property for his own benefit, alone profiting from it, without any right, and without permission for (aggravating) the damage.

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