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Text and translation
English translation
1266. Qatādah narrated from Al-Ḥasan, from Samurah, that the Prophet ﷺ said: "Upon the hand is what it took, until it is returned." Qatādah said: "Then Al-Ḥasan forgot, so he said: 'It is something you entrusted, he is not liable for it.'" Meaning the borrowed property. (Da'if)
[Abū Isa said:] This Hadīth is Ḥasan Ṣaḥīḥ. Some of the people of knowledge, among the Companions of the Prophet ﷺ and others, followed this Hadīth. They said that the possessor of the borrowed thing is liable. This is the view of Ash-Shāfi'i and Ahmad. Some of the people of knowledge among the Companions and others said that the possessor of the borrowed thing is not liable unless there is a dispute. This is the view of Sufyān Ath-Thawrī and the
people of Al-Kūfah, and it is the view of Ishāq.
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Commentary
A borrowed thing must be returned even if it is damaged or lost unintentionally. Though there is no legal responsibility of the borrower as he had no intention to damage or lose the borrowed thing. It is his moral duty to return or compensate for it. The Ahnāf and Mālikī have the same point of view that it must be returned or compensated in any case.
