to lend the loan- to another,- becaufe (according to him) a loan is
merely a permiffion o f the ufe, and a perfon to whom the ufe of a thing
is permitted is not entitled to communicate that permiffion to another,
for this reafon, that the ufe of a thing is not capable of being property,
as it is a non-entity, the ufe being confidered as an entity in the cafe
of a leafe merely from neceffity, which in a loan may be compleatly
anfwered by permiffion.— Our doctors, on the other hand, argue that
as; a loan is an inveftiture with,the ufe of a thing, the borrower may
therefore lend the loan, in the fame manner as a perfon to whom the
ufe of a thing devolved by bequeft.-— Betides, in the fame manner as-
the ufe is made property in the cafe of a leafe, fo alfo is it, from a
principle of neceffity, in the cafe of a loan.
O b j e c t i o n .— If a loan fignify an inveftiture with the ufe, it
would neceflarily follow that the borrower is at liberty to lend the loan
even where a difference of ufe may occafion a different affedlion in the
■ thing; whereas the law is otherwife.
R e p l y .:— It is not permitted to the borrower to lend-the thing
borrowed when, of a. nature to be differently affefted by different ufe,
becaufe of the poffibility of the ufe of the fecond borrower being more
injurious to the thing than that o f the firfe;. and the confent andtap-1
probation of the firft lender is given, to the ufe of the fir jl borrower,
but not to that of the fecond.— The compiler of the Heddya remarks
that what is here related proceeds on the' fuppofition of the loan being
abfolute; for that loans are of four kinds. I. Loans that are abfolute
with- refpedt both to the period and- the u f e i n which cafe the borrower
1 is; entitled- fo take the ufe in any manner and at- any time he
ple'afes,, becaufe of the’ loan- being, abfolute.— II. Loans that are re"
ftricted both as to the ufe and the time, in which cafe the borrower is
not allowed to depart- from thefe r.eftrictionsr excepting where the deviation
is in an inftance' that is fimilar 6o> the one prefcribed, or of a
better kind;1 as where a perfon borrows a quadruped in order to load it
on a particular day with ten meafures of a particular kind of wheat;
and he loads it on that day with ten meafures of a different kind of
wheat,
wheat, or with lefs than ten meafures of the fame or a different kind
of wheat.— III. Loahsthat are .reftrifted in point o f time, hut abfolute
with refpeft to the ufe ;— and IV . Loans that are reftrifted .with re-
fpefttofhe ufe, but abfolute with -refpeft to time ;— in either of which
it is not lawful for the borrower to depart from the reftriftions.— If,
therefore, a perfon borrow a quadruped without any conditions whatever,
he is in that cafe entitled either to load it on his own account,
or to lend it to another for the purpofe of lading, as in lading there is
no difference; and, in the fame manner, he may either ride upon it
himfelf, or lend it -to another for that purpofe;— but as riding -is fup-
pofed to be of different k inds, he is not -entitled to more than one
kind, which his own aft muft fix and determine; and hence, if he
fhould ride upon it himfelf, he is not afterwards at liberty to lend it to
another to ride; or, if he fhould lend it to another to ride upon, he is
not afterwards entitled to ride upon it himfelf.
T he loan of dirms and deenars, and of articles eftknated by mea-
furement <f capacity, by weight, or by tale, is confidered in the light
of Kar% *.— The principle on which this proceeds is that Areeat is
an inveftiture with the ufe [of the property lent;] and as this cannot
-be obtained, with regard to thefe articles, without a deftruftion
©f the fubftance, it muft, with rdfpeft to them, be neceflarily confidered
as an inveftiture, with the fubftance.—Now an inveftiture of
this -nature is to be confidered in two lights,—a-^jf/ or a loan *j-:—-the
. aft
* Areeat and Karr, are, in common converfet-ion, ufed indifcr,iminately:to denote a
loan; but there is a diftindtion in law .with regard to them. A reea tis ufed with -refpeft to
fuch things a s , after being lent to another, are identically returned to h im ; and K a rr, with
regard to fuch things as are returned, not identically, but equal in .point o f number, weight,
or meafurement o f capacity.— T h u s where a perfon, having borrowed a" book, and read ir,
afterwards returns it, it is confidered as Areeat; hut i f a perfon fhould borrow one hundred
dirms from another, and after ufing .them fhould return another hundred dirms, it is confidered
as K a rr.
t Arab. K a rr.— A s the Englijk lan guage makes no diftin&ion between the terms
O O 2 ' Karz
Loans o f
money, &c.
as oppofed to
loans o f fpe-
cificproperty.