It is narrated from Samurah (may Allah be pleased with him) that the Prophet (peace and blessings of Allah be upon him) said: "Whatever the hand has taken, it is a liability upon him until he returns it." 1 Qatadah says: Then Hasan al-Basri forgot this hadith and began to say, "Whoever borrows something, he is your trustee, there is no liability upon him," meaning that if a borrowed item is destroyed, there is no liability. Imam Tirmidhi says:
1- This hadith is Hasan Sahih.
2- Some of the Companions and other scholars have also adopted this view; they say: The one who borrows something is liable. This is also the opinion of Shafi'i and Ahmad.
3- Some of the Companions and other scholars say that there is no liability upon the borrower, unless he acts contrary to the owner's instructions. This is the view of Thawri and the scholars of Kufa, and Ishaq ibn Rahwayh also holds this opinion.