The Key Feature: Full Liability of the Borrower
The most significant legal ruling about the ‘ariyya: the borrower (musta’ir) is a guarantor (damin), not a trustee (amin). This is the opposite of the wadi’a.
If a borrowed item is destroyed in the borrower’s hands — through no fault — the borrower is still liable for its replacement value. This is based on a hadith of the Prophet: he borrowed armor from Safwan ibn Umayyah before Hunayn, and when asked “is it a guaranteed loan (‘ariyya madmuna)?” he replied “yes, it is guaranteed.”
Classical jurists debated the scope of this guarantee:
- Hanafi: the borrower is not a guarantor — only liable for negligence
- Maliki/Shafi’i/Hanbali: the borrower is a guarantor — full liability even for unforeseeable loss
The Lender’s Right of Revocation
The lender may generally revoke the loan at will — the ‘ariyya is a gratuitous relationship and can be terminated by the lender. However, if termination would cause the borrower demonstrable harm (for example, a person has borrowed a plot of land and planted crops that have not yet been harvested), the majority hold that the lender must wait until the borrower can reasonably remove what they have done on the borrowed property.
Contrast with Ijara and Wadi’a
| Feature | ’Ariyya | Wadi’a | Ijara |
|---|---|---|---|
| Use permitted | Yes | No | Yes |
| Compensation | None | None | Rent paid |
| Borrower/Keeper liability | Full guarantor (majority) | Trustee only | Trustee for ordinary loss |
| Revocability | Yes (with limitations) | Yes | No (for term) |
See also: Fiqh Al Wadiah, Fiqh Al Ijarah, Fiqh Al Kafalah, Fiqh Al Murabaha, Fiqh Al Sulh