The Book Of Borrowing (‘Ariyah)

Borrowing in this context means borrowing some property with permission to use it free of charges.

CR (622J: - It is valid to borrow the substance of an owned property that could be used beneficially and its substance is preserved. It is lawful to borrow a property in order to own its profits but not its substance.

CR (623) The borrower benefits from the property according to the reasonable common practice and it is not lawful to use it beyond allowable limits, otherwise, he is held responsible but not on the contrary, except if a condition is set that requires him to be responsible or the substance is gold or silver, even not in a currency form according to a weak objection, but if a condition requires the party not to hold the borrower responsible in gold or silver such condition will be valid.

CR (624) If the substance of the property borrowed is reduced because of permitted use; the borrower is not responsible. If one borrows from a usurper he is held responsible and if he is ignorant of the case and if he suffered losses because of deceit on the part of usurper he demands for his loss from him.

CR (625) If one is given permission only to use it for a certain benefit the beneficiary must not use it otherwise, even if other uses are commonly practiced.

CR (626) It is valid to borrow some property to be used in a mortgage deal the owner can demand the release of the property after the mortgage term, in fact, it is said even before the end of mortgage term he can demand and the mortgage is not affected.