Ruling 2366 — Gratuitous Loan (ʿĀriyah)

If the usufruct of a property belongs to a particular individual – because he has rented it, for example – then that individual is allowed to loan it to someone else unless a condition is stipulated in the rental contract that only he can use it. If no such condition is stipulated in the rental contract, then based on obligatory precaution (al‑iḥtiyāṭ al‑wājib), he cannot hand it over without the owner’s permission.