Is the return of the borrowed item and the trust guaranteed if they are lost or diminished, or if they are stolen? Is it permissible to return them to a place near or far from what was agreed upon, or to hand them over to a third party? And is the lender sinful if they are not returned to him?

The question contained five points:

1. Guarantee of a Loaned Item (Aariya): Scholars differed on the necessity of guaranteeing a loaned item by the borrower. Al-Shafi'i and Ahmad held that a guarantee is absolutely obligatory, whether the borrower committed an act of transgression (ta'addi) or not, citing the hadith: "What the hand has taken, it is responsible for until it returns it," and because it was taken for the borrower's benefit. However, there is no guarantee for parts that wear out through authorized use. Conversely, Abu Hanifa and Malik held that there is no guarantee unless there is transgression or negligence (tafreed). Yet, the Malikis guarantee items that can be concealed if there is no proof of their destruction. The preferred view is that of Al-Shafi'i and Ahmad.

2. Guarantee of a Deposit (Wadee'a): A deposit is not guaranteed except in cases of transgression or negligence on the part of the custodian, because it is a trust (amanah) and because the custodian is voluntarily preserving it. If a guarantee were obligatory, people would refrain from accepting deposits.

3. Place of Return for a Loaned Item and a Deposit: The burden of returning a loaned item falls on the borrower, and he is obligated to return it to the place where it was taken from, unless otherwise agreed upon. As for a deposit, the custodian is not burdened with returning it to its owner; rather, he must enable the owner to retrieve it from its location. If the custodian travels with the deposit without the owner's permission, he is obligated to return it to its original place.

4. Giving a Loaned Item or Deposit to Another Person for Delivery: If this is done with the owner's consent, there is no guarantee on the custodian or the borrower. However, if it is done without the owner's instruction, the custodian or borrower is liable, and they have the right to claim from the person to whom it was sent if transgression or negligence occurred on their part, unless the person to whom it was sent is someone customarily entrusted with the deposit by the owner, such as his wife.

5. Theft of a Deposit or Loaned Item: Its ruling refers back to the detailed discussion and difference of opinion mentioned regarding the guarantee of a loaned item and a deposit.