the borrower, whether it perishes through negligence or transgression, or without negligence or transgression. The evidence is the saying of Allah, Exalted is He:

“Indeed, Allah commands you to render trusts to whom they are due.” [al-Nisāʾ 4:58]

This is a trust. And the Prophet ﷺ said: “The hand is liable for what it takes until it returns it.” (1) This is an item that has been taken, so one must return it.

Some scholars said that a loaned item is not subject to liability except in one of three cases:

First: if the borrower oversteps the permitted use.

Second: if he is negligent.

Third: if liability is stipulated.

As for overstepping the permitted use and negligence, this is because, by his overstepping or negligence, his status as a trustee is removed, and he is no longer deemed trustworthy. As for the case in which liability is stipulated, it is due to the Prophet’s ﷺ saying: “Muslims are bound by their conditions.” (2) He has committed himself to this, and the hadith is general. There is also specific evidence on this matter: the Prophet ﷺ borrowed coats of mail from Safwan ibn Umayyah, and Safwan said to him, “Are you taking them by force, Muhammad?!” He replied, “Rather, it is a loan subject to liability.” (3)