A circumstantial indication may be stronger than formal testimony. In the preceding example, the borrower is a trustworthy, truthful man who carefully safeguards what is entrusted to him, and he claims that he returned the borrowed item, whereas its owner is the opposite. In such a case, one would almost testify that the borrower’s statement should be accepted. This indication may be stronger than his producing one witness and taking an oath alongside him, or producing two witnesses, or one male witness and two female witnesses. In any event, what the jurists have mentioned in these matters should be qualified as applying where no strong indication supports either of the two claimants; if such an indication exists, it is acted upon.
Question: When must the borrower return the borrowed item?
Answer: The borrower must return the borrowed item in a number of circumstances, including:
First: when the stipulated period has ended, if a period was specified for it.
Second: when its owner requests it.
Third: when he fears for it from thieves or others.
Fourth: when the borrower travels.
Fifth: when he has completed the use for which he borrowed it. For example, if someone borrows a book because he has an examination, he must return it as soon as his examination is over.