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The rulings in this chapter may be summarized according to Mālik’s school as follows: anyone who receives another person’s property with its owner’s permission, without acquiring ownership of it, falls into one of three categories:

First: he receives it solely for his own benefit.
Second: he receives it solely for its owner’s benefit.
Third: he receives it for their mutual benefit.

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The first category—receiving property solely for his own benefit—takes one of two forms:

First: he receives it to benefit from it and return the very same property.
Second: he benefits from it by using up or disposing of the original property, then returns its equivalent.

If he receives it to benefit from it and return the very same property, as with pledged property or an item borrowed for use, he is liable for it unless evidence establishes that it was lost or destroyed without transgression or neglect on his part, or unless it is property that cannot be kept out of sight. If, however, he receives it to benefit from it and return its equivalent, he is liable in all circumstances, whether or not the property can be kept out of sight. This applies, for example, to a loan.

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As for the second category—receiving property solely for its owner’s benefit—he bears no liability for it, whether it is property that can be kept out of sight, such as cash and merchandise, or property that cannot, such as animals and houses. The ruling is the same whether he receives it to dispose of the original property through his dealings, as with goods entrusted for trade, or to retain the original property unchanged, as with deposits.

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As for the third category—property received for their mutual benefit—precedence is given to the benefit of