What action is taken if the camel driver flees but leaves the camels behind?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The lessee must bring the matter before a judge. If the judge finds assets belonging to the driver, he hires someone to maintain, load, guard, and perform the necessary duties for the camels. If the driver has no assets other than the camels, and there is surplus value beyond the lease fee, the judge sells enough camels to cover the expenses. If there is no surplus or selling is not possible, the judge borrows funds, as previously mentioned, or accepts a loan from the lessee, and this is permissible.
Supporting text
If the lessee is authorized by the judge to spend from his own wealth, with the intention that it becomes a debt on the driver, this is permissible because it is a situation of necessity.