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Jami` at-Tirmidhi

كتاب البيوع عن رسول الله صلى الله عليه وسلم

The Book on Business

Chapter 14Hadith 1266Topic:The Book on Business

"‏ عَلَى الْيَدِ مَا أَخَذَتْ حَتَّى تُؤَدِّيَ ‏"

From Al-Hasan, from Samurah, that the Prophet (ﷺ) said: "Upon the hand is what it took, until it is returned." Qatadah said: "Then Al-Hasan forgot, so he said: 'It is something you entrusted, he is not liable for it.' " Meaning the borrowed property. [Abu 'Eisa said:] This Hadith is Hasan Sahih. Some of the people pf knowledge, among the Companions of the Prophet (ﷺ) and others, followed this Hadith. They said that the possessor of the borrowed thing is liable. This is the view of Ash-Shafi'i and Ahmad. Some of the people of knowledge among the Companions and others said that the possessor of the borrowed this is not liable unless there is dispute. This is the view of Sufyan Ath-Thawri and the people of Al-Kufah, and it is the view of Ishaq.

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