not guaranteed. The jurists hold that it is guaranteed in all cases. Thus, even if the borrower stipulates that he will not be liable should it perish, this condition is invalid, because it contradicts what the contract entails. The contract entails liability without qualification, and every condition that contradicts what a contract entails is invalid. This principle has already been mentioned in the chapter on conditions in sales.

An example is where someone borrows twenty glass cups from another person, and glass cups may break. The borrower says, “I bear no liability if the cups break,” and the lender agrees. Then they do break. According to the jurists, the borrower is liable, even though he had stipulated that he would not be liable and the owner had accepted this, because—according to them—this condition contradicts what the contract entails. It therefore falls under what the Prophet ﷺ declared invalid when he said: “Any condition that is not in the Book of Allah is invalid, even if there are one hundred conditions.” (1)

The second view is that it is not guaranteed unless liability is stipulated; otherwise, there is no liability except in the event of transgression or negligence. That is, if its owner stipulates that the borrower must guarantee it, then he is liable for it; otherwise, he is not liable unless he transgresses or is negligent.

The third view is that it is guaranteed unless exemption from liability is stipulated.

The correct view is that a borrowed item is like other trusts, because it comes into the borrower’s possession through authorized means, and whatever results from an authorized act is not guaranteed. The borrower’s possession is a trust, not wrongful possession; and when possession is one of trust, the trustee bears no liability. The reason it is a possession of trust is that this borrowed item