The borrower is liable for any loss of an ʿāriyah (loan for use) even when he was not negligent and even if the lender stipulated that no liability would be incurred, except in the case of endowed books and the like. He must also bear the expense of returning the item.

A borrower may neither sub-lend nor lease out the article; if he does so and it is destroyed while in the hands of the second party, the owner may claim compensation from whichever of them he chooses. No liability falls upon a stranded traveller who is given a ride as an act of charity, nor upon a guest, nor upon one who rides pillion with the owner or with the owner’s agent.

If the owner says, “I lent it to you,” and the possessor replies, “No, you rented it to me,” and the article has already perished, the owner’s word prevails. Likewise, if the owner says, “I rented it to you,” and the possessor says, “Rather, you lent it to me,” after the contract period has elapsed, then, if that elapsed time normally commands rent, the possessor must pay a rent equivalent to that of a similar item for the time that has passed.

When the possessor says, “You lent it to me,” or “You rented it to me,” or “You entrusted it to me,” while the owner says, “Rather, you seized it from me,” or if the two differ over whether it has been returned, the owner’s statement is accepted upon his oath.

Chapter: Ghaṣb (Usurpation) (1)

Liability for usurpation extends to immovable property and to a slave-woman who has borne her master a child, but not to a dog that may lawfully be kept or to wine belonging to a non-Muslim subject—both of which, however, must simply be returned—nor to the hide of an unslaughtered carcass, nor to a free person. Yet if the usurper detains a free person or forces him to work, he must pay that person’s wages.

The usurper must restore the usurped property together with any increase it has acquired, even if doing so costs him many times its value; if the item has depreciated, he must compensate for the decrease.

If he builds on or plants in land he has usurped, he must remove what he has built or planted, pay for the resulting diminution in value, level the land, and pay rent for the period of occupation. If he sows crops, the owner may, before harvest, take possession of the crop in exchange for seed of equivalent value and reimbursement of the incidental costs, and in that case no rent is due.