it as a matter of custom. Our view is that he has not returned it to its owner, nor to his representative, so he is not absolved of it, just as if he had handed it to a stranger. What he mentioned is invalidated by the case of a thief returning stolen goods to the secure location (hirz), and the custom he mentioned is not recognized. If he returns it to someone whose custom it is to have such matters pass through their hands, such as his wife who manages his wealth, or by returning the beast to its groom, then the analogy (qiyas) of the school (Madhhab) is that he is absolved. This was stated by the Qadi, because Ahmad said regarding an item held in trust (wadi'ah): "If the depositor hands it to his wife, he is not liable for it." This is because it is permitted by custom, so it resembles what is permitted by explicit speech. The expenses of returning the item fall upon the borrower, due to the saying of the Prophet (peace and blessings be upon him): "The borrowed item must be rendered," and his saying: "The hand is liable for what it has taken until it renders it." (24) Furthermore, he must return it to the place from which he took it, unless they agree on returning it elsewhere; because that which is required to be returned, must be returned to its place, like an item seized by force (maghsuba).

Section: The lending (ariyah) is not valid except from one who is permitted to transact (ja'iz al-tasarruf), because it is a transaction involving wealth, so it resembles a transaction by way of sale. It is contracted by any action or word that indicates it, such as his saying: "I have lent you this," or he hands him something and says: "I have permitted you to enjoy the use of it," or "Take this and derive benefit from it," or he says: "Lend me this," or "Give this to me so that I may ride it or carry something on it," and he hands it over to him, and the like. This is because it is a permission for usage, so it is valid by speech or by action that indicates it, just like the permission to eat food by way of speech or by presenting it to a guest.

Section: It is permissible to lend every entity from which one may derive a permitted benefit while it remains [intact] permanently, such as houses, real estate, male slaves, female slaves, beasts of burden, clothing, ornaments for wearing, a stallion for breeding, a dog for hunting, and other such things. This is because the Prophet (peace and blessings be upon him) borrowed coats of mail (25), and mentioned the lending of their buckets and their stallion. Ibn Mas'ud also mentioned the borrowing of the pot and the scales. Thus, the ruling is established for these items, and anything else is measured by analogy to them if it is of the same meaning. Furthermore, that which is permissible for the owner to derive in terms of benefits, he possesses the right to permit, provided there is no impediment to it, such as with clothing. Furthermore, these are entities for which leasing (ijara) is permissible, so lending (ariyah) them is also permissible, like clothing. It is permissible to borrow dirhams and dinars to weigh them, but if he borrows them to spend them, this is a loan (qard). This is the view of the scholars of jurisprudence (ashab al-ra'y). It has been said: This is not permissible, and the lending (ariyah) cannot exist regarding dinars, and he does not have the right to purchase anything with them. Our view is that this is the meaning of a loan (qard), so the loan is contracted by it, just as if he had explicitly stated it.