Who bears the responsibility for the guide (Daliil) when the lessee rides the animal themselves?
General Chapter
Al-Mughni
Book of Leasing
Primary text
If the lessee takes possession of the animal to ride it themselves, all provisions mentioned above are incumbent upon the lessee. This is because the lessor's obligation is fulfilled upon handing over the animal; the guide's wages are the lessee's responsibility, as the guide's service is external to the animal and its essential equipment, analogous to provisions (Zaad).
Supporting text
A differing opinion holds that if the lessee rented a specific animal, the guide's fee remains the lessee's responsibility because the lessor has already delivered the required transport. However, if the agreement was for the lessor to deliver the animal to a specific destination as a contractual obligation (in his liability), then the guide's wages fall upon the lessor, as it is part of the expense of ensuring the delivery and fulfillment of that obligation.