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Lesson 'Al-'Ariyah' (Items that are Borrowed for use and Returned)
The Concept of 'Al-'Ariyah'
It is the permissibility of benefiting from something without paying anything for it, and it was called such (I.e. 'Ariyah being bare or having nothing on) because it does not involve any payment in return.
Ruling of Al-'Ariyah
Al-'Ariyah is a form of cooperating in righteousness and piety, and it is legitimatized by the Quran, Sunnah, consensus, and analogy. The contract for this is one of the permissible and not binding contracts, so either of the parties may terminate it. It is desirable and a means to draw closer to Allah due to the benevolence, the fulfillment of needs, and the affection and love that it generates. It is further confirmed when the owner is not in need of it, and the taker is in need of it, and it takes place with every saying or word that indicates it.
The Wisdom of the Legality of Al-'Ariyah
A person may need to benefit from a property, and he cannot possess it for himself and does not have money to pay for it; meanwhile, some people may not be able to gift this property or give it in charity to those who need it, even though they are quite happy for others to benefit from it temporarily and then give it back. Al-'Ariyah achieves this for both parties.
It is an aspect of the mercy of Allah to allow Al-'Ariyah, which fulfills the borrower's need. At the same time, the lender obtains a reward while benefiting his brother meanwhile maintaining the borrowed item for the lender.
Allah says: (And cooperate in righteousness and piety, but do not cooperate in sin and aggression.) [Al-Ma’idah:2]
Once the people of Medina were frightened, so the Prophet ﷺ borrowed a horse from Abu Talha called Al-Mandub, and rode it. When he came back, he said, «We have not seen anything (to be afraid of), but the horse was swift. (having an energy as inexhaustible as the water of the sea)» (Al-Bukhari, 2627, Muslim, 2307)
Conditions for the Validity of Al-'Ariyah (Borrowing)
The fundamental conditions for Al-'Ariyah
The borrower must protect the item borrowed, take care of it, use it properly, and return it intact to its owner. If the borrowed item is damaged at the hands of the borrower without using it, he is liable for it, whether he was negligent or not. As for the item that gets damaged and was used correctly, then the borrower is not responsible; unless the borrower misused it in some way, in which case he is responsible.
The borrower must return the loaned item he borrowed if he fulfills his need and return it as he received it.
The lender has the right to recover the borrowed item whenever he wants, as long as it does not cause harm to the borrower. But, like someone who lends land and then the borrower sows it, the lender, in that case, does not have the right to recover it until the borrower reaps the land.
Allah says: (Indeed, Allah commands you to return trusts to their rightful owners; when you judge between people, judge with fairness. What a noble commandment from Allah to you! Indeed Allah is All-Hearing, All-Seeing.)[An-NIsa:58]
