Is it permissible for the borrower to deposit the borrowed item?
The borrower must safeguard the loaned item. Jurists have differed on whether the borrower may deposit the loaned item with another person:
Hanafi school: They permit the borrower to deposit the loaned item with another person, whether with or without an excuse. If the item is damaged in the hands of the depositary without transgression or negligence, there is no liability. Maliki and Shafi'i schools: They do not permit the borrower to deposit the loaned item with another person unless there is an excuse, and this excuse must be attested to. If the borrower deposits it without an excuse, they are liable. Hanbali school: They hold that the loaned item is always guaranteed, and that the borrower does not own its usufruct but rather has permission to benefit from it. Therefore, it is not permissible for the borrower to lend it, lease it, or deposit it with another person except with the owner's permission.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 22997
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy