What is the endpoint of a rental period specified as 'until Isha' (evening prayer)?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The termination of the rental period stipulated as being 'until Isha' is the setting of the sun (Maghrib). This view is held by Al-Shafi'i. The justification is that the prayer referred to as 'Al-`Ashā' al-Ākhirah' (the later evening prayer) implies that the first one is Maghrib, which is conventionally the case. Therefore, the ruling must be tied to the sunset. Furthermore, the Quran states concerning the hours when certain acts are forbidden: {For you are three times of privacy after the evening prayer} (Quran 24:58), referring to the time after Isha (night prayer). The Prophet, peace be upon him, also stated, "If it were not that it would be difficult for my Ummah, I would have delayed the Isha prayer until the first third of the night."
Supporting text
Abu Hanifa and Abu Thur state that the endpoint is the zenith of the sun (Zawal). Their reasoning is that 'Al-'Ashiy' (the afternoon/evening) is the latter half of the day, starting from Zawal. They cite the narration of Dhu al-Yadayn where the Prophet, peace be upon him, led them in one of the afternoon prayers (Dhuhr or Asr), interpreted as the latter part of the day.