of places; because the ruling of the loan remains therein, as it became binding due to the harm incurred by its dissolution, and a loan implies utilization without compensation.
Section: If one borrows an animal to ride, it is permissible; because leasing it for that purpose is permissible, and a loan is broader, as it is permissible in cases where leasing is not, such as lending a dog for hunting. If he borrowed it to [reach] a place and exceeded it (51), he has transgressed, and the rent is due from him for the excess only. So, if he borrowed it to Tiberias and went beyond to Jerusalem, he is liable for the rent of the distance between Tiberias and Jerusalem only. If they disagree, and the owner says: "I lent it to you to Tiberias," and the borrower says: "You lent it to me to Jerusalem," the statement is that of the owner. This is the opinion of al-Shafi'i and the scholars of opinion (Ashab al-Ra'y). Malik said: "If what the borrower says is plausible, then his statement is accepted, and he bears the liability." Our position is that the owner is the one against whom a claim is made, so his statement is accepted, due to the saying of the Prophet (peace be upon him): "But the oath lies upon the defendant" (52).
Section: Whoever borrows something and utilizes it, then it becomes apparent that it is owned by another, the owner is entitled to its equivalent rent (ujrat al-mithl), and he may demand it from whichever of the two he wishes. If the borrower pays compensation, he may claim reimbursement from the lender for what he paid; because he deceived him and caused him to incur a loss, [since he entered into the arrangement under the assumption that he would owe no rent] (53). If the owner demands payment from the lender, the lender has no claim against anyone, for the liability has settled upon him. Ahmad said, regarding a fuller (qassar) who gave a garment to someone other than its owner, who then wore it: the liability is upon the fuller, not the wearer. If it is destroyed, the value is incumbent upon the borrower; because he accepted the object while it was under his liability. If the lender pays compensation, he may claim reimbursement from the borrower; and if the borrower pays compensation, he has no claim against anyone, for the liability has settled upon him. If the object diminished through use, it depends on the liability for depreciation; if we say it is upon the borrower, its ruling is the ruling of
(51) In the original and (A): "fatajawazahu". (52) Its sourcing was provided earlier in: 6/525. (53) Omitted from the original. In (B) and (M): "la ajra lahu" (there is no rent for him).
