Chapter on Loans for Use

A loan for use is the granting of permission to benefit from a specific item that remains after its use. ............................

“Chapter on Loans for Use.” It is also called ʿāriyah because it is devoid of compensation. Hence he says:

“It is the granting of permission to benefit from a specific item that remains after its use.” Thus, a loan for use essentially means providing an item without compensation, without transferring ownership.

His statement, “It is the granting of permission,” means that the lender grants the borrower permission to benefit from “a specific item that remains”—that is, the item itself remains—“after its use,” meaning after the benefit has been taken from it.

His statement, “the benefit of a specific item that remains after its use,” means that the item remains after its benefit has been taken. If one lends something that does not remain after it is used, then this is not a loan for use; rather, it is a grant. An example would be lending someone dates, bread, or the like. One may envisage this where a person’s neighbor has guests and says, “I have guests and need to offer them a variety of foods.” The other replies, “Yes, I have a variety of foods that I will lend you.” It is then said: if the surrounding circumstances indicate that he does not want compensation, then it is a gift or present; but if they indicate that he wants compensation, then it is a sale. For example, he may say, “Whatever is eaten is chargeable to you at such-and-such, according to its value; and whatever is not eaten is to be returned to him.” This frequently occurs with restaurant owners: they provide various foods, which the host lays out before his guests. Whatever is eaten is charged to his account, while whatever is not eaten is returned to the owner. Although this involves a degree of uncertainty and ambiguity, it is customarily overlooked. The point is that the item itself must remain after the benefit has been taken from it.