“Sanctities are subject to retribution” (2:194), and, “So whoever attacks you, attack him in the same manner that he attacked you” (2:194).
The Prophet ﷺ said to Hind, “Take what suffices you and your child, according to what is customary” (reported by al-Bukhārī). He ﷺ also said, “Help your brother, whether he is the wrongdoer or the one wronged” (reported by al-Bukhārī). The intent is to help him clear himself of injustice, and whoever does that is rewarded.
Scholarly disagreement:
The jurists differed over whether a borrowed article (ʿāriyah) is guaranteed if it is ruined while in the borrower’s possession, arriving at four opinions:
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The borrower is liable in every circumstance, whether or not the owner stipulated liability. This is the well-known view of Ahmad and al-Shāfiʿī. Al-Inṣāf states, “This is unquestionably the madhhab, upheld by the majority of our companions,” citing the hadith, “The hand is responsible for what it takes until it returns it” (Abū Dāwūd 3561).
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He is never liable, treating it like any other trust. This is the famous position of Mālik.
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Liability exists only when it was made a condition. This was chosen by a number of Hanbalī scholars, among them al-ʿAkbarī and the author of al-Fāʾiq. When this was mentioned to Imām Ahmad he said, “Muslims are bound by their conditions” (al-Tirmidhī 1352).
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He is liable only if he transgresses or is negligent, as with all other trusts. This is the position of Abū Ḥanīfah, al-Awzāʿī, al-Thawrī, and is also reported from al-Ḥasan, al-Nakhaʿī, al-Shaʿbī, and ʿUmar ibn ʿAbd al-ʿAzīz; it was adopted by Shaykh al-Islām, Ibn al-Qayyim, and our teacher ʿAbd al-Raḥmān al-Saʿdī.
ʿAmr ibn Shuʿayb narrated from his father, from his grandfather, that the Prophet ﷺ said, “There is no