constitutes the distilled position of the school.
It has also been said that such a stipulation benefits the borrower whenever there is a sound reason for it—for example, fear that the animal might be swept away by a dangerous flood, or any comparable risk of loss to loaned property that can be concealed or for which the borrower would otherwise be liable. Should the article perish, the borrower’s description of it is accepted, together with his oath, unless the owner produces evidence for the description he asserts.
If someone borrows an animal, seats a second rider on it, and the animal is ruined, the owner may choose between two courses: he may take compensation equal to the fare of that second rider and nothing more, or he may take the value of the animal at the moment the misuse occurred, in which case he is entitled to no hire—neither for that ride nor for the ride of the second passenger.
If a borrower and the owner dispute the destination for which the animal was taken and the animal has perished, the borrower’s statement prevails, provided it is plausible, together with his oath.
Should a person borrow an animal to ride for one mile but ride it for several, or borrow it for one day but keep it for several days, or otherwise exceed the agreed use, and then return it in the same or better physical condition, the owner is entitled only to the hire for the excess distance or time. He has no further option unless the animal is damaged; if that occurs, he may either take from the borrower the hire of a comparable animal for the period of overuse, with no claim to its value, or take its value at the very moment the transgression occurred, with no entitlement to any hire.
When a person borrows a mount or a slave for travel and later claims that the mount escaped or died, or that the slave died or absconded, his word is accepted under oath, and he bears no liability for the death or escape of the mount unless his falsehood becomes evident. Some jurists say that if he is not suspected, he is not required to swear. If he alleges