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I lent an invaluable book to a friend and he lost it. Is he financially liable for it?

Answered as per Shafi'i Fiqh by Qibla.com

Answered by Shaykh Amjad Rasheed

I lent an invaluable book to a friend and he lost it. Is he financially liable for it?

Answer:
In the Name of Allah, Most Gracious, Most Merciful

Yes, he is. Abu Dawood and an-Nasa‘i narrated that, “the Prophet r borrowed a shield from Safwan ibn Umayya on the day of Hunayn and Safwan said, “Are you taking it by force?” So the Prophet r said, ” It is rather a loan under my responsibility.”

It is permissible, however, for you to acquit your friend from his responsibility.

Being financially liable for the book means that your friend is responsible to you for its value on the day of its destruction or loss- as in al-Tuhfa (vol 6, 421) and other books. This is regardless of whether the book’s value on the day of lending was higher or lower than its value on the day of its loss.

– Amjad.

(Translated by Sidi Abu Muhammad Rahil)

[Faraz: note that the ruling is different in the Hanafi school: no compensation is required unless the damage or destruction of a trust (amana) was due to negligence. When there is disagreement, it would be best to seek to resolve it in the spirit of Islamic fraternity. If this dos not work, then the two parties should seek binding arbitration.]

السؤال: أعرت كتاباً نفيساً لصديق فأضاعه ، فهل عليه ضمانه وكم قدرُ ذلك ؟ الجواب : نعم يجب عليه ضمانه لك لما روى أبو داود والنسائي :” أنه صلى الله عليه وسلم استعار درعاً من صفوان بن أمية يوم حنين ، فقال : أغصبٌ يا محمد ؟ فقال : لا بل عاريةٌ مضمونة “. ويجوز لك إبراؤه عن ذلك ، وقدرُ الضمان هو قيمةُ الكتاب يوم تلفه أو ضياعه كما في “التحفة” (5/421) وغيرها ، سواء كان مساوياً لقيمته يوم الإعارة أو أكثر أو أقل.

 

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