to Khalid, and hold Khalid liable for the car, since it was damaged while in his possession. Or, if you wish, hold Zayd liable for it, since you may hold either one liable. There remains the value of the car for which Khalid was held liable: may he seek recourse for it against Zayd, or not?
We say: if he knew that the car was a borrowed item and that Zayd had not been permitted to lend it out, then the ultimate liability rests upon him, because his possession is that of an usurper. But if he did not know, then the ultimate liability rests upon Zayd. For if he knew that the first borrower—Zayd in this example—had not been authorized, then he had taken another’s property without right. But if he did not know, he is excused. Therefore, we say that the ultimate liability rests upon the first borrower.
“If he gives a stranded traveler a ride seeking reward, he is not liable.” .............
His statement, “If he gives a stranded traveler a ride seeking reward, he is not liable”: this is an issue resembling a loan for use, but it is not a loan for use. A person “gives a stranded traveler a ride,” meaning someone stranded on the road. He gives him a ride seeking reward, not for payment; rather, he does so voluntarily, seeking nearness to Allah, the Most High, thereby. If the animal of the person given a ride is damaged beneath him, he is not liable, because the one who gave him the ride seeking reward retains possession of his mount.
This may be envisioned in the travel of former times: a man is riding his camel and finds someone stranded on the road. He dismounts from his mount and lets him ride it, seeking nearness to Allah, while retaining possession of his mount. The stranded traveler is the one benefiting from it. Then the camel stumbles and breaks a limb, or dies. Is this rider, who resembles a borrower, liable?
The answer is that the author says: no. The reason is that its owner’s possession of it has not ceased; therefore, this rider bears no liability. This is one of the cases in which a loan for use does not entail liability.