Is describing the riders sufficient for validity in leasing the animal, or is physical inspection required?
General Chapter
Al-Mughni
Book of Leasing
Primary text
A clear description of the riders concerning characteristics that affect weight—such as height and shortness, leanness and fatness, health and sickness, youth and old age, and gender—is sufficient in place of physical viewing, similar to the requirement for the goods (*musalam fihi*) in a sale. If the differences are only in weight, stating the weight is sufficient. This is based on the principle that this is a contract of exchange concerning a living animal, where description suffices as it does in sale and in leasing for transportation. Furthermore, if description were insufficient, the lessee would not be allowed to substitute another person in their place, as equality is only known via shared attributes. The minor variations remaining after describing the apparent traits are slight and permissible, analogous to allowances made in a Salam contract.
Supporting text
Al-Sharif Abu Ja'far and Abu Al-Khattab hold that physical viewing of the riders is necessary because riding involves variables like movement and stillness which cannot be precisely defined by description, thus requiring specification. They also suggest that for the saddle (*mahmal*), description alone is insufficient, and specification is mandatory.