Is One Liable for the Loss or Damage of Borrowed Property?

14-6-2026 | IslamWeb

Question:

one of my teammate gave me her laptop for research use, which will benifit both of us, I was doing the whole work and my laptop was not usable, so she gave hers one to use, now a theif took the laptop while i was sleeping at night, so am i responsible for this? the theif enter my house in ventilation place, the place where kitchen Exhaust Fan use. theif entered because it was not there, the house owner didnot gave it. so do i have to give her money for this?

Answer:

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

There is a difference of opinion among the scholars regarding the liability for borrowed property. The Hanafi and Maliki schools hold that the borrower is not liable for damage or loss as long as they have neither transgressed nor been negligent in safeguarding the item. The Shafi'i and Hanbali schools, however, maintain that the borrower is liable even if there was no transgression or negligence. This is the view we consider stronger.

Ibn Qudāmah (may Allah have mercy on him) said in al-Mughnī:

A borrowed item must be returned if it remains intact, and there is no disagreement concerning this. If it is destroyed, the borrower is required to compensate for it, whether or not he was negligent or transgressed. This was narrated from Ibn ʿAbbās and Abū Hurayrah. It is also the view of ʿAṭāʾ, al-Shāfiʿī, and Isḥāq. Al-Ḥasan, al-Nakhaʿī, al-Shaʿbī, ʿUmar ibn ʿAbd al-ʿAzīz, al-Thawrī, Abū Ḥanīfah, Mālik ibn Anas, al-Awzāʿī, and Ibn Shubrumah, however, held that it is a trust (amānah), and therefore compensation is not required unless the borrower was negligent or transgressed.” [End quote.]

Based on this, the fatwa we issue is that you are required to compensate the owner for the device.

We also wish to point out that free mixing between men and non-mahram women in workplaces and other settings is a prohibited matter that leads to many trials and temptations within society and opens the door to corruption and evil. Whoever is compelled to work in a mixed environment must avoid the causes of temptation and adhere to the limits prescribed by Islamic law in interactions with women. This includes restricting such interactions to genuine necessity and only to the extent required.

Allah Knows best.

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