Section Two
The Loan (Al-Āriyah)
922. An ‘āriyah is: a contract that enables another person to have disposal of an asset in order to benefit from it free of charge (i.e. lending), and is made by the person who has control of that asset. The ‘āriyeh is, hence, a gift of the benefit of that asset. This transaction is established by using any wording that identifies it and also includes proposal and acceptance (ijāb and qobūl), also by mo‘ātāt (handling or pursuing a job upon a request; see no. 863.)
923. Lending is not valid if from the insane, but is valid from a child or safih (a person of unreasonable conduct) with the permission of the guardian, also from an indicted person with the permission of the creditors to whom he owes his debt. It is conditional that he is an owner of the benefit or has permission for its disposal. This all applies to the lender. The borrowing person must be worthy of benefiting from the lent asset; he must also be specified, whether a single person or more, otherwise the loan to a person that can in fact be one or two or more individuals is not valid.
924. The conditions of the loan are that it must be suitable for benefiting from, with an allowable benefit from a non-perishable asset, such as property, books, a car etc, so it is not valid to lend something that cannot be benefited from except by destroying it such as food and drink, nor if its benefits are limited to forbidden things such as gambling equipment, from which the benefit comes from that (gambling).
925. The ‘āriyeh contract is a type of allowed contract in which both parties can retract from it, unless the borrower includes a condition on the owner not to invalidate the contract for a specified period of time; then if he violates the condition and invalidates the contract it is an obligatory precaution to do whatever leads to the certainty of relief of the obligation for both parties by mutual agreement (Solh) or the like. Also, if he lends him his land for burial or farming, then he has no right to retract from this after the burial or after the commencement of the work on the farm.
926. If the loaned asset’s owner dies the ‘āriyah contract becomes void and the borrower is obliged to take or send the loaned asset back to the heir or his guardian and to inform him about this so that he can make his decision, unless others besides the heirs have a right to the asset.
927. It is obligatory on the borrower, in the benefit and its amount, to limit it to what is covered by the lender’s wording (in the proposal and acceptance), so it is not allowed to widen the scope of the benefit to more than that; also it is obligatory to limit the benefit to the way such benefit is commonly applied, otherwise he will become a usurper, and compensation will be due or payment/rent will be due for the complete benefit or that which goes beyond the permissible amount.
928. The borrower is not allowed to lend or rent the asset unless with the permission of the lender.
929. The loan is entrusted to the borrower, and he will not be liable to pay compensation if the asset is damaged unless if this occurs due to his transgression or negligence, unless if compensation is made conditional even without transgression or negligence. Compensation will also be due – even if without transgress or negligence – if the loan is gold or silver unless the borrower has made no compensation a condition.
930. If the borrower comes to know that the loan is a misappropriated asset, he must return it to its (true) owner and it is not allowed to give it to the lender.
931. If the loan becomes impure when at the borrower’s disposal, he is not obliged to inform the owner about this unless he is concerned about the loan and if the asset is something that may be used in an activity that would lead to the user into violating a binding prohibiting duty, such as if it is used for eating or drinking, or falling into a binding obligatory duty, such as using an impure plate for ablution or washing to offer the obligatory prayer.
Section Two
The Loan (Al-Āriyah)
922. An ‘āriyah is: a contract that enables another person to have disposal of an asset in order to benefit from it free of charge (i.e. lending), and is made by the person who has control of that asset. The ‘āriyeh is, hence, a gift of the benefit of that asset. This transaction is established by using any wording that identifies it and also includes proposal and acceptance (ijāb and qobūl), also by mo‘ātāt (handling or pursuing a job upon a request; see no. 863.)
923. Lending is not valid if from the insane, but is valid from a child or safih (a person of unreasonable conduct) with the permission of the guardian, also from an indicted person with the permission of the creditors to whom he owes his debt. It is conditional that he is an owner of the benefit or has permission for its disposal. This all applies to the lender. The borrowing person must be worthy of benefiting from the lent asset; he must also be specified, whether a single person or more, otherwise the loan to a person that can in fact be one or two or more individuals is not valid.
924. The conditions of the loan are that it must be suitable for benefiting from, with an allowable benefit from a non-perishable asset, such as property, books, a car etc, so it is not valid to lend something that cannot be benefited from except by destroying it such as food and drink, nor if its benefits are limited to forbidden things such as gambling equipment, from which the benefit comes from that (gambling).
925. The ‘āriyeh contract is a type of allowed contract in which both parties can retract from it, unless the borrower includes a condition on the owner not to invalidate the contract for a specified period of time; then if he violates the condition and invalidates the contract it is an obligatory precaution to do whatever leads to the certainty of relief of the obligation for both parties by mutual agreement (Solh) or the like. Also, if he lends him his land for burial or farming, then he has no right to retract from this after the burial or after the commencement of the work on the farm.
926. If the loaned asset’s owner dies the ‘āriyah contract becomes void and the borrower is obliged to take or send the loaned asset back to the heir or his guardian and to inform him about this so that he can make his decision, unless others besides the heirs have a right to the asset.
927. It is obligatory on the borrower, in the benefit and its amount, to limit it to what is covered by the lender’s wording (in the proposal and acceptance), so it is not allowed to widen the scope of the benefit to more than that; also it is obligatory to limit the benefit to the way such benefit is commonly applied, otherwise he will become a usurper, and compensation will be due or payment/rent will be due for the complete benefit or that which goes beyond the permissible amount.
928. The borrower is not allowed to lend or rent the asset unless with the permission of the lender.
929. The loan is entrusted to the borrower, and he will not be liable to pay compensation if the asset is damaged unless if this occurs due to his transgression or negligence, unless if compensation is made conditional even without transgression or negligence. Compensation will also be due – even if without transgress or negligence – if the loan is gold or silver unless the borrower has made no compensation a condition.
930. If the borrower comes to know that the loan is a misappropriated asset, he must return it to its (true) owner and it is not allowed to give it to the lender.
931. If the loan becomes impure when at the borrower’s disposal, he is not obliged to inform the owner about this unless he is concerned about the loan and if the asset is something that may be used in an activity that would lead to the user into violating a binding prohibiting duty, such as if it is used for eating or drinking, or falling into a binding obligatory duty, such as using an impure plate for ablution or washing to offer the obligatory prayer.