Borrowing / Lending (Ariyat)

Ariyat means that a person gives his/her property to another person for use without asking anything in exchange.  For example he/she gives his/her bicycle to a person who goes to his/her home and comes back.

419 - A person who lends anyting he/she can take it back when she/he likes, and a person who has borrowed someting he/she can return it when she/he likes.  And in the first case as an obligatory precaution if to return causes Compensation for the borrower according to obligatory caution he/she should give more time.

420 - If a person who has borrowed something is not negligent in its keep, nor does he/she go beyond moderation in its use, she/he will not be responsible if it is lost or damaged by chance. Howerer, if she/he is negligent in its keep or she/he goes beyond moderation in its use, she/he should compensate for it.

421 - If the two parties stipulate that, the borrower would be responsible for loss or damage, the borrower should compensate for it.

Lost Property when found 

422 - If a person finds property but he/she does not pick it up, she/he has not special duty.

423 - If a person finds property and he/she picks it up, this case has special rules:

* If its value is less than a 12.6 chick peas or 10 silver coins and it has no sign and its owner is not known, he/she can pick it up for himself/herself but when the owner is found as an obligatory precaution, the replacement should be given to him/her.

* If its value is not less than a 12.6 chick peas or 10 silver coins and it has a sign which can be found, she/he must make announcement everyday for one week and if one makes an announcment for one year and the owner of the property does not turn up, she/he can retain it on behalf of the owner, so that she/h emay give it to him/her when he/she appears, or give it as Sadaqah to the poor on behalf of the owner, but as a recommended precaution she/he should give Sadaqah to the poor who is not sayyad on behalf of the owner.

424 - If she/he knows that an announcement has no profit or she/he loses hope of no use finding its owner, so that an announcment is it is not necessay.

425 - If the shoes of a person have been taken,and shoes have been left behind and these shoes belong to the person who has taken one's shoes and he/she knows that the shoes have been taken shoes intentionally and knows that the other person allows one to use the shoes, and one cannot and does not have hope of finding, that person at the time, then one is allowed to take them instead of his/her shoes, but if he/she knows the value of shoes left behind excede the value of his/her own shoes, he/she will had to pay the difference of the price to the owner when he/she is found and if not he/she may give it as Sadaqah (charity) to the poor who is not sayyad.

426 - If he/she knows that the shoes have been taken away unintentionally or do not belong tothe person who has taken his/her shoes, should find the owner of the shoes but if he/she cannot find him/her and its price is less than 12.6 nokhod of silver coins  he/she may take it forhimself/herself and if it is more, he/she may announce for one year and after that give it to Sadaqah to the poor who is not sayyad on behalf of the owner.