Ruling 2365 — Gratuitous Loan (ʿĀriyah)

Lending a usurped (ghaṣbī) item or an item that belongs to the lender but its usufruct has been granted to someone else – such as property that has been given on rent (ijārah) – is valid only if the [rightful] owner [in the case where the item has been usurped], or the lessee [in the case where the lessee has been granted the item’s usufruct], consents to the loan.