tained is invalid. A loan, moreover, is rendered null by a recall
whereas, if it were an invejiiture with the ufe, it could not be rendered
null by a recall, in the fame manner as a leafe cannot be annulled
by a recall. Further, the borrower is not entitled to hire the loan •
whereas, i f it were, an invefliture, he might let it out to hire, becaufe
whofoever is himfelf proprietor of a thing may conftitute another proprietor
of it. Our doctors, on the other hand, argue that the word
Areeat indicates an invejiiture, fince it is derived from Areeya, which
fignifies a grant; and that, accordingly, informing the contract the
expreffion invejiiture is ufed. T h e ufe of a thing, moreover is
capable of being property, in the fame manner as the actual thine-
itfe lf; and as invefliture with the latter may take place either with or
without a return, fo alfo with refpeCt to the former.— With refpect
to what Koorokhee urges concerning the term Ibdhit, it may be replied
that this term is not uncommonly ufed to exprefs invefliture
fince it is ufed in fettling contrails of leafe, which are an invefliture
with refpeit to the ufe of the thing hired.— With refpeCt to his con-
clufion, that “ i f a loan were an invejiiture it would not be valid
“ without a fpecification of its period, becaufe of uncertainty,”_it
may be replied that uncertainty, in loans, is of no confequence, as it
cannot be productive of ftrife, in as much as loans are not binding*,
whence the uncertainty cannot be injurious. It is to be obferved that
a recall operates in a loan, becaufe a recall is a prohibition with refpeCt
to the enjoyment of the ufe, and after fuch prohibition the ufe, of
confequence, ceafes to be the property of the borrower. T h e borrower,
moreover, is not competent to let out to hire the thing borrowed,
fince that is attended with an injury to the lender, as will be
hereafter explained.— It is alfo to be obferved that inveftiture is made
in four different lhapes. I. By fale, which is an invefliture with fub-
flance, for a return.— II. By g ift, which is an inveftiture with fub-
ffance, without a return.— III. By leafe or hire, which is an invefti-
* T h a t is, may be retraced at pleafure.
ture with the ufe o f a thing for a return.— IV . By loan, which is an
inveftiture with the ufe of a thing Without a return, as before explained;
and which is lawful, as being a fpecieS of kindnefs ; becaufe
G o d has faid “ d o kindness to each other and alfo, becaufe
the prophet borrowed a fuit of armour from Sifwan.
A ' deed of loan is rendered valid by the lender laying “ I
have lent you this,” as there the purpofe is exprefsly mentioned;
or, by his faying “ I have given you to eat of this earth,” becaufe
fuch an expreffion is ufed to denote a loan metaphorically; for as it is
impoffible to eat of the earth itfelf, the meaning is therefore conftrued
“ to eat of the produce of it * .” -
T he lender is at liberty to refume the loan whenever he pleafes;
Becaufe the prophet has faid “ M o o n h a is liable to be recalled, and a
“ loan muß be returned to the proprietor ; (Moonha is a fpecies of loan,
where a perfon lends another a goat, a cow, or a Ihe-camel, for
inftance,) that he may ufe their m ilk;— and alfo, becaufe the produce,
or ufe of the thing lent, becomes property, particle by particle,
merely according as it is brought into being; hence, with refpect to
fuch part of the produce as is not yet brought into being, there is merely
an inveßiture, but no fe iztn : retractation with refpeCt to fuch part is
therefore valid.
A l o a n is a truft. If,, therefore, it be loft in the hands of the
borrower, without any tranfgreffion on his part, he is not anfwerable
for it, whether the k>fs happen at the period of his ufing it, or other-
wife.— Shafei maintains that he is refponfible for it in cafe the lofs
lhould take place at a time when he is not ufing i t ; becaufe he has
taken poffeffion of the property of another without aright in it; and alfo,
Becaufe as the borrower is liable to the charges of removal, in cafe of
* Some cafes are here omitted, as they turn entirely upon different modes o f expreffion,.
m the original idiom.
Forms under
which it is
granted*
The lender
may refume-
it at pleafure.
The borrower
is not refpon—
fible for the
lofs o f it, un-
lels he tranf-
grefs refpeft-
ing it.