How is the apportioned rent calculated when the item perishes after partial use of a timed contract?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the rent for the term was uniform (equal), the rent due is calculated based on the duration elapsed; if half the time passed, half the rent is due. If the rent varied across the term, such as a house rented higher in winter than summer, or regarding specific seasons like in Mecca, the valuation must refer to experts. The stipulated rent is then divided based on the proportional value of the benefit enjoyed, similar to dividing the price for different items in a sale.
Supporting text
This principle also applies if the rent was stipulated for covering a specific distance, such as a camel hired to carry goods to a certain location, whether the segments of the journey were equal or unequal. This represents the apparent position of the Shafi'i school.