Is the camel driver obliged to make the camel kneel for mounting and dismounting?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The camel driver must make the camel kneel for the rider if the rider is incapable of mounting or dismounting while the camel is standing, such as a woman, an elderly person, the weak, the obese, or those similar to them, because completing the contractual obligation of riding necessitates kneeling for them. The consideration for this obligation is the state of the rider at the time of mounting or dismounting. If a strong person becomes weak during the journey, or a weak person becomes strong, the ruling pertains to the state during the ride, as the contract implies riding under usual circumstances. The evidence for this requirement stems from necessity, as the rider cannot complete the agreed-upon service otherwise.

Supporting text

If the rider is capable of mounting and dismounting while the camel is standing, the camel driver is not obliged to make the camel kneel, as the agreed-upon service can be fulfilled without this extra effort.