What is the extent to which a lessee (Musta'jir) may strike an animal under lease?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The lessee is permitted to strike the animal to the extent customary for its movement, restrain it with a bridle for proper management, and urge it forward to catch up with a caravan. It has been authentically established that the Prophet, peace be upon him, prodded and struck Jabir's camel. Abu Bakr, may Allah be pleased with him, used to prod his camel with his curved stick. This action is considered part of the contract's allowance. Malik, Al-Shafi'i, Ishaq, Abu Thawr, Abu Yusuf, and Muhammad hold that if the damage results from such permissible striking, no liability is incurred.

Supporting text

Al-Thawri and Abu Hanifa maintain liability because the damage results from the lessee's action, making it analogous to damage caused by a non-lessee; they mandate full guarantee.