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If a person loans out a commodity, the commodity belongs to him
and not to the person borrowing. If the person who is borrowing
damages the commodity then he is liable. If the commodity is
damaged but without the doing of the borrower, then he will be
held liable only if he gave such a promise at the time of the
pact.
In the time of Umar, two thieves gave some money for
safekeeping—a hundred dinar—to a woman from Quresh, intending to
deceive her. They asked her not to return the money unless both
of them were present. A few days later, one of the men came
claiming that his friend was held up in some important matters
and that he had given instructions to give the money to him.
Soon after, the other man came and demanded the money. The woman
raised the case to Umar, who was at a loss. He sent her to Amir
ul Mumineen (SA) who decreed that since both of the men had
instructed the woman not to give the money unless both of them
were present, likewise, they would not receive the money unless
both of them were present. The woman was liberated.
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