What are the consequences when someone hires an animal to carry a specific load (e.g., two measures) and carries more (e.g., three measures)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The ruling is the same as hiring an animal for a distance and exceeding that distance: the agreed rent is due, plus the going rate for the excess measure carried, and liability for loss is incurred if the animal perishes. This is the view of Al-Shafi'i.
Supporting text
A narration from Abu Bakr suggests the obligation of paying the going rate for the entirety of the load, based on the analogy of planting a different crop than the one specified in the lease. Al-Qadi suggested that both views (the above and Abu Bakr's) should apply to both the distance and the load excess issues because the excess is indistinguishable in both.