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ORDERS REGARDING LOAN OR LENDING
('ARIYAT)
ORDERS REGARDING LOAN
OR LENDING ('ARIYAT) 2353. Lending means that a person may give his property to another person for
temporary use and may not ask any compensation for it.2354. It is not necessary in the case of loan that a formula be recited and
it, for example, a person gives a dress to some other person with the intention
of loan and he also takes it with the intention of borrowing ,it is in order.2355. Lending a thing which has been usurped and a thing which belongs to the
lender but its benefit has been transferred to some other person (e.g. it has
been given on lease is correct only when the owner of the usurped thing, or
the person, who has taken the thing on lease, is agreeable to its being given
on loan.2356. The thing the benefit from which belongs to a person (for example, if
he has taken it on lease) can be given by him on loan. However, if it has been
stipulated in the lease contract that only the lessee himself will utilize it,
he cannot give it to another person on loan.2357. If an insane person or a child or one who is bankrupt or a prodigal gives
his property on loan it is not correct. If. however, the guardian of a person
considers it expedient to give his property on loan there is no harm in it.
And the position is the same if a child gives his property on loan with the
permission of his guardian. 2358. If a person who has borrowed something is not negligent in its maintenance,
and does not also extravagantly use it, he is not responsible if it is lost
by chance. However, if the two parties stipulate that, if the thing in question
is lost, the borrower would be responsible for it, or if the thing borrowed
is gold or silver and it is lost, the borrower should compensate for it. 2359. If a person takes gold or silver on loan and stipulates that if it perishes,
he will, not be responsible, he is not responsible if it is lost.2360. If the person who has given something on loan dies, the person taking
the thing on loan should give it to the formers' heirs.2361. If the position of the person giving something on loan becomes such that
he cannot legally appropriate his own property (for example, it he becomes insane)
the person taking the thing on loan should give it to his guardian.2362. A person who has given something on loan can take it back as and when
he likes, and the person who has taken it on loan can also return it at any
time.2363.Giving on loan something which cannot be used for lawful purposes (e.g.
instruments of amusement and gambling and utensils of gold and silver for being
used) is void. However giving them on loan for the purpose of decoration is
permissible, although precaution is that they should not be given on loan even
for this purpose.2964. Giving on loan a sheep for the use of its milk and wool, and lending a
male animal for mating is in order. 2365. If a person who has taken something on loan gives it / to the owner or
to his agent or guardian and thereafter that thing perishes the person who took
it on loan is not responsible. However, if he takes it to a place without the
permission of its owner or his agent or guardian, although it may be a place
where its owner usually took it for example it he takes the horse obtained on
loan to the stable which has been prepared : for it by its owner and ties it
there and it perishes later or some one makes it perish the person taking it
on loan is responsible for it.2366. It a person gives on loan an impure thing for being used for B purpose
for which purity is a condition precedent for example if he gives impure utensils
on loan for being used to take meals he should inform the person who is taking
them on loan about their being impure. However, if an impure dress is given
on loan for offering prayers it is not necessary to inform the other person
about its being impure.2367. If a person has taken a thing on loan he cannot give it to another person
on hire or on loan without the permission of its owner. 2368. If a thing is taken on loan and is then given on loan to another person
with the permission of its owner and the person who took it on loan first dies
or becomes insane, the second loan does not become invalid.2369. If a person who has taken something on loan knows that it has been usurped
he should deliver it to its owner, and he cannot give to the person who gave
it on loan.2370. If a person takes a thing on loan stout which he knows that it has been
usurped and utilizes it and it perishes while it is with him the owner of that
thing can demand compensation for that thing and the benefit derived from it
from him, or from the person who usurped it, and if he takes that compensation
from the person who took it on loan he (the person who took it on loan) cannot
demand from the person, who gave the thing on loan, what he has given to the
owner.2371. If the borrower does not know that the property which he has taken on
loan is a usurped one and it perishes while it is with him and if its owner
takes compensation from him, he, too, can demand from the person from whom he
has taken the property on loan what he has given to the owner. However, if the
thing taken by him on loan is gold or silver or if the person who gives him
the property on loan stipulates with him that if it perishes he will give him
compensation for it he cannot demand from the person who gave the property on
loan the compensation which he gives to the owner of the property.
