its owner, thus it is a trust, like a deposit (wadi'ah). They said: The saying of the Prophet - may Allah bless him and grant him peace - "The loan is to be returned" indicates that it is a trust, due to the saying of Allah, the Exalted: "Indeed, Allah commands you to render trusts to whom they are due" (Surah An-Nisa': 58). As for our evidence, it is the saying of the Prophet - may Allah bless him and grant him peace - in the hadith of Safwan: "Nay, but it is a guaranteed loan." Al-Hasan narrated from Samurah, from the Prophet - may Allah bless him and grant him peace - that he said: "The hand is responsible for what it has taken until it returns it." Narrated by Abu Dawud and al-Tirmidhi, who said: It is a hasan gharib hadith. This is because he took someone else’s property for his own benefit, being the sole beneficiary without entitlement and without permission for its destruction, so it is guaranteed like property seized by force (ghasb) or property taken for the purpose of appraisal. Their hadith is narrated by 'Umar ibn 'Abd al-Jabbar, from 'Ubayd ibn Hassan, from 'Amr ibn Shu'ayb; and both 'Umar and 'Ubayd are weak, as stated by al-Daraqutni. It is possible that he meant the guarantee of usufructs and constituent parts, and their analogy is invalidated by property taken for the purpose of appraisal.

Section: If he stipulates the negation of the guarantee, it does not lapse. This is the view of al-Shafi'i. Abu Hafs al-'Ukbari said: It does lapse. Abu al-Khattab said: Ahmad gestured towards this, and it is the view of Qatadah and al-'Anbari; because if he had permitted its destruction, its guarantee would not be required, so it is the same if he waives its guarantee from him. It is said: Rather, the view of Qatadah and al-'Anbari is that it is not guaranteed unless he stipulates its guarantee, at which point it becomes obligatory, due to the saying of the Prophet - may Allah bless him and grant him peace - to Safwan: "Nay, but it is a guaranteed loan." Our evidence is that every contract that necessitates a guarantee is not altered by a condition, like property received through a valid or void sale. What necessitates a trust is the same, like a deposit (wadi'ah).