Third, the lender is one who does good, and Allah, Exalted is He, says: “There is no blame upon those who do good.” [al-Baqarah: 195]
Fourth, if we were to require the lender to bear the cost of returning it, this would close the door to lending for use.
His statement, “not the leased item,” means that the cost of returning a leased item is borne by the lessor, not by the lessee.
An example of this is a man who leases a ploughing machine from someone. Returning such a machine entails expenses: it requires a driver and fuel. These costs are borne by its owner, not by the lessee. The reason is that the lessee took possession of it for both his own benefit and that of its owner, whereas returning it serves the owner’s benefit; therefore, the expense is borne by its owner. This differs from a borrowed item, for the borrower took possession of it solely for his own benefit, and so he must return it to its rightful owner, as Allah, Exalted is He, says: “Indeed, Allah commands you to render trusts to whom they are due.” [al-Nisa’: 58]
Moreover, the lessee has paid the lessor rent in exchange for the benefit received; it is one consideration in exchange for another. This entails that the lessee bears no expense, just as when one leases a house and part of it falls into disrepair, the cost of repairing it is borne by the lessor—unless the damage resulted from transgression or negligence.
His statement, “and he may not lend it,” means that the borrower is not permitted to lend out the item he has borrowed. This differs from the lessee, who may lend it out or lease it to another, provided that no harm comes to the leased item. As for the borrower, he may not lend it out, not even to his father. Thus, if a man borrows a vessel from someone and his father has guests, and his father says to him, “Lend me this vessel,” he may not lend it to him, because the author says, “and he may not lend it.” The reason for this is that the borrower acquires only a right of use through bare permission, and does not