LOSING A BORROWED THING PART - 1

Giving something to somebody for their use without anything in return is called “aariyat” in the Shariah.That person does not become the owner of that particular thing, but has to return what was borrowed.

If the borrowed thing is stolen, then it will be checked whether the borrower took care to keep the thing safe or was careless about it.  If that thing is stolen or lost despite the borrower’s care for the safety of the thing, then according to the Shariah, there is no fine of any kind on the borrower. 

 On the other hand, if the borrower was careless about the safety of the borrowed thing, then according to the Shariah that person is responsible for that thing and should pay back the full amount to the owner.

There is a Hadith in (Jame Tirmidhi, Vol 1, Pg No: 239)

Translation:  Hadhrat abu ****** (May Allah SWT be well pleased with him) narrates that in the year of Hajjatul Wada’a I heard the Holy Prophet (Sallallahu alaihi wa sallam) say in a sermon: It is Wajib to return what is borrowed.

(Jame Tirmidhi, Vol 1, Pg No: 139, abwab ul buyu’ Hadith No: 1186.)