came into the borrower’s possession by its owner’s permission; it was the owner who gave him authority over it. So how can we hold him liable in every case?!

If liability is stipulated for him—meaning, if the lender says, “You must guarantee it in all circumstances, whether you transgress or are negligent or not”—then this requires consideration. It may be said that, if he stipulates that the borrower must guarantee it, then he is liable, based on the general meaning of the hadith: “The Muslims are bound by their conditions.” (1) It may also be said that he bears no liability, since he is a trustee. Just as a condition requiring a lessee to guarantee an item would be invalid, so too would this condition. The stronger view is that, like other trustees, he is not liable even if this is stipulated. This is the view of Abu Hanifah, and it is the fourth view—a very strong one. Yet if the lender says, “I will not lend it to you except on this condition,” the borrower may feel compelled to accept it because he needs it.

His statement, “and he,” means the borrower.

His statement, “the expense of returning it,” means the cost of returning it to its owner. For instance, suppose the borrowed item requires loading because it consists of many vessels, and requires careful and unhurried handling because they are breakable. Such an item entails a clear expense. So is this expense borne by the borrower or by the lender? We say that it is borne by the borrower. The evidence is as follows:

First, the saying of the Prophet, peace and blessings be upon him: “The hand is liable for what it takes until it returns it.” (2) Thus, everything required to return this specific item is the borrower’s responsibility.

Second, the borrower took possession of it solely for his own benefit; therefore, in return for this benefit, he must bear the cost of returning it.