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Placing Stipulations On How A Borrowed Item Is Used

Can a lender stipulate how a borrowed item is used?

The restriction of unconditionality does not include valid stipulations for irreplaceable borrowed items relating to usage of the item, since a condition of using an irreplaceable item is that it is returned in the same condition, and certain kinds of usage affect the condition of a borrowed item (e.g. it is permissible to say: “you may only drive the car during daylight hours” if the lender feels that driving it at night may be dangerous); the borrower is liable for loss, damage or theft resulting from disobedience to a valid stipulation; it is impermissible, however, to restrict the usage of replaceable borrowed goods (e.g. it is impermissible to say: “you may only use this money to buy food”), because unlike trusts, commissions, and investments, the borrower is not bound under any obligation other than a general one to return what is borrowed.

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