Betrayal of trust with respect to a loaned item is not like betrayal of trust with respect to a deposit, because the borrower takes possession of the loaned item for his own benefit, whereas a deposit is held for the owner’s benefit. Whoever analogizes one to the other has erred, for the distinction between them is clear. Moreover, if we amputate the hand of one who denies a loaned item, people will refrain from denying such items; but if we do not amputate their hands, people will become emboldened to deny them. This would close the door to acts of kindness, for the lender is doing good. If the lender’s claim is denied and he cannot recover his right except through liability for compensation, people may refrain from lending items, even though lending is obligatory in some circumstances. This would lead to neglecting that obligation.

We may also say: it is an independent category in itself. Suppose that, linguistically, it does not fall under theft; as long as there is an explicit text concerning it, what will our position be before Allah, Mighty and Majestic, on the Day of Resurrection, when the Messenger of Allah ﷺ amputated the hand on account of it and said, “Were Fatimah, the daughter of Muhammad, to steal, I would amputate her hand” (1)?

When considering the rulings of the Sacred Law, and when issuing fatwas or making any statement, a person must first consider, above all else, how he will answer Allah, Mighty and Majestic, for what he has said, because he is accountable. The mufti and the judge convey the messages of Allah, Mighty and Majestic, as the Messenger of Allah ﷺ said: “Convey from me” (2). Thus, you must regard yourself as answerable before Allah, Mighty and Majestic, for every judgment you issue, and you must bear in mind Allah’s questioning before that of anyone else. Hence, the sound and well-known position in the school of Imam Ahmad, may Allah have mercy on him, is that the one who denies a loaned item is subject to hand amputation, contrary to the view adopted by the author. This is why Imam Ahmad would say, “I do not know of anything that can avert it. What can I say?!”