LEASE SECTION · 90 – COMPENSATION FOR GOODS TAKEN ON LOAN
Semure (may Allah be pleased with him) narrated: The Messenger of Allah (peace and blessings upon him) said: “The hand is responsible for what it takes until it pays it.”
Katadah said: Then Hasan forgot and said: "He is trustworthy. He cannot be borrowed from." [310]
EXPLANATION
There is no contradiction between the hadith narrated by Hasan al-Basri and his view that “one is not obligated to pay it when the trust is destroyed.” Because the honorable hadith does not state that it must be paid if the trust is destroyed. (Bezl-ul-Mechud)
According to the report of Safwan, father of Umayya, on the day of the battle of Hunayn, the Messenger of Allah, peace and blessings be upon him, had borrowed a great deal of armor. He said, “Did you seize this armor, O Muhammad?”
The Messenger of Allah, peace and blessings be upon him, replied, “No, rather it is a loan (ariyya) for which the price will be paid if it perishes.”
From some members of Safwan’s family is related:
The Messenger of Allah, peace and blessings be upon him, said to him: "O Safwan, do you have weapons?" Safwan asked whether he was asking for them as a loan or had taken them unjustly. The Messenger of Allah, peace and blessings be upon him, replied, “No, not unjustly; perhaps it is a loan.” Thereupon, Safwan lent the Prophet, peace and blessings be upon him, between thirty and forty suits of armor. The Messenger of Allah, peace and blessings be upon him, set out for the campaign of Hunayn. When the polytheists were defeated, Safwan’s armors were collected, but some of those armors went missing. The Messenger of Allah, peace and blessings be upon him, said to Safwan: "We lost some of your armors; shall we borrow them from you?" Safwan replied: “No, O Messenger of Allah, what was not in my heart that day (belief) is now in my heart.”
Abu Dawud said: “Safwan lent the armors before he became a Muslim, then he embraced Islam.”
It is related from some members of the Safwan family that he said:
The Messenger of Allah, peace and blessings be upon him, had borrowed armor. The narrator mentioned the meaning of the preceding hadith.
COMMENTARY
Safwan was not yet a Muslim; armor was taken as a trust deposit from him, and a guarantee was given for his armor that if any harm befell them, they would be compensated. After the battle of Hunayn, the armor, with some deficiencies, was returned to Safwan. When the Messenger of Allah, peace and blessings be upon him, announced that he would compensate for the missing armor, Safwan said, “I do not want payment for my lost armor. Because when the armor was borrowed, I was not a Muslim, but now I am. I donate those armors.”
Abū Umāmah (may Allah be pleased with him) narrated that the Messenger of Allah (peace and blessings upon him) said:
"Indeed, the Noble and Exalted Allah gives every right to its owner. There is no bequest for an heir. A woman cannot distribute anything from her home without the permission of her husband.”
They said, “Can she not even give food?” The Messenger of Allah (peace and blessings upon him) said, "Food is the most virtuous of our wealth." Then he said, “Borrowed items are returned. That which is taken for use and then returned [menīha] is returned. Debts are paid. A guarantor is indebted.”
Safwan’s father, Yala (may Allah be pleased with him), narrated:
The Messenger of Allah (peace and blessings upon him) said: "When My messengers come to you, give them thirty suits of armor and thirty camels."
Yala (may Allah be pleased with him) said: I asked, “O Messenger of Allah, are you asking for these goods to be replaced [if lost] or returned?” The Messenger of Allah (peace and blessings upon him) replied, "To return what remains if they are lost.”