If a person loans out a commodity, the commodity belongs to him and not to the person borrowing. If the person who is borrowing damages the commodity then he is liable. If the commodity is damaged but without the doing of the borrower, then he will be held liable only if he gave such a promise at the time of the pact.
In the time of Umar, two thieves gave some money for safekeeping—a hundred dinar—to a woman from Quresh, intending to deceive her. They asked her not to return the money unless both of them were present. A few days later, one of the men came claiming that his friend was held up in some important matters and that he had given instructions to give the money to him. Soon after, the other man came and demanded the money. The woman raised the case to Umar, who was at a loss. He sent her to Amir ul Mumineen (SA) who decreed that since both of the men had instructed the woman not to give the money unless both of them were present, likewise, they would not receive the money unless both of them were present. The woman was liberated.
