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.
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Updated on 07 September 2026 at 3:44 PM
The 'ariya is the loan for use: benefiting from a wealth that stays with its owner, without compensation. The Quran blames one who « refuses the loan of use » (Surah al-Ma'un, 7), understood by the jurists of objects neighbours lend one another, bucket and axe. The Prophet (peace and blessings of Allah be upon him) borrowed a horse named al-Mandub from Abu Talha on the day of alarm (al-Bukhari 2484, Muslim 2307), Aisha lent her coat of mail to the women of Medina (al-Bukhari 2485), and he borrowed armours from Safwan ibn Umayya at Hunayn: « By force, O Muhammad? No, a guaranteed loan until return » (Abu Dawud 3562 and following). The prophetic wording sums up: « The loan for use is returned, the gift may be returned, the debt is paid » (reported by Ahmad, Abu Dawud 3565, at-Tirmidhi 1265, Ibn Majah 2398). Consensus on its lawfulness is reported by Ibn Qudama, al-Imrani and Ibn Hubayra.
Sarakhsi derives it from « stripped » of any compensation; others from the Arabic word for alternation: each lets the other have his turn of enjoyment. The contract is an act of charity on both sides; the borrower may end it whenever he wills, since it is a mere permission.
He guarantees the loaned item when it perishes or is damaged in his hands, save an event beyond all control, such as a sweeping fire: such is the lesson of Safwan's loan, part of which was destroyed. Its return is due at first demand, the loan not being acquired wealth.
Majority (Hanafis, Shafiites, Hanbalis): the loan is revoked at any time, stated term or not, since no compensation binds it. Malikis: a loan fixed to a task or a term binds until expiry. If the borrower has built or planted: Malikis give the owner the choice between keeping it with compensation and demanding removal; Hanafis let the borrower take his plantation and building, or claim their value if the owner broke off before the fixed term; Shafiites detail according to the removal clause; Hanbalis forbid revocation where it harms, such as taking a plank from a ship already at sea, or exhuming a buried person.