What is the due payment for a hired animal when the agreed path is deviated from (Zar' or deviation)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
Based on the explicit view derived from Ahmad, the hirer owes the agreed-upon wage plus an additional amount, because the specified distance is not considered a condition by our companions (Ashabuna). Alternatively, based on the view of Abu Bakr, the hirer owes only the customary wage (Ujr al-Mithl) because the extra distance is indistinguishable, and the hirer is considered an aggressor regarding the entire distance. This is evidenced by the fact that the animal owner could prevent the hirer from taking that entire path, unlike one who travels the path and then exceeds it, where the owner only prevents the excess.
Supporting text
The view stemming from Abu Bakr suggests that only the customary wage is due because the increased distance is not clearly separable, rendering the hirer an aggressor for the whole distance.