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Fatwa CenterA loaned item must be returned even after lapse of a long time
Question
Assalaamu alaykum Shaykh. More than 10 years ago, when I knew nothing about Islam, I took my friend's walkman (an electronic device) and she agreed, but I did not return it back. Now she is in another country and we are not connected like before. Also, there is no use in this device anymore but I still have it and did not throw it away. What should I do with it? May Allaah reward you.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah and that Muhammad 
is His slave and Messenger.
The device that is with you is an 'aariyah (a borrowed item) because you took it with the permission of your friend, but you must return it to her, if possible, unless she gives you permission to get rid of it or to own it.
Ibn Qudaamah 
said, “It is an obligation to return the 'aariyah if it still exists, without any difference of opinion among the scholars.”
There is no guarantee for the shortfall that results due to using it (what it is borrowed for); because the lender gave his permission for its use unless one misuses it or is negligent about it.
Ibn Qudaamah, may Allaah have mercy upon, said:
“If any of its parts that is not normally damaged due its use is damaged, then one should guarantee it because what is guaranteed in its totality, its parts are automatically guaranteed, just like something that is taken unjustly. As regards its parts that are worn out or damaged due to using it, such as fluffy towels or cloth or textile socks that one wears; then there are two opinions about this: the first opinion is that he must guarantee it, and the second view is that he does not have to guarantee it; which is the view of Ash-Shaafi’i, because the permission [by its owner] for using it includes it, so one does not have to guarantee it, like the benefits, just as when he explicitly gives permission to damage it..."
Therefore, you should contact your friend and let her know about the device. If she authorizes you to own it or get rid of it, then do that; otherwise, you should keep it until you give it back to her.
Allaah knows best.
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