What governs the reimbursement for expenses incurred by the lessee on the abandoned camels when the driver returns?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 4 · Bab 1

Open in Qurani

Primary text

If the driver returns and there is a dispute regarding the expenses, the judge determines the amount. If the judge had previously set a limit for spending, his determination of that limit is accepted, and any excess is not reimbursed. If no limit was set, the judge accepts the lessee's account of the customary expenditure because the lessee is considered a trustee (*amin*). Any amount spent beyond the customary amount is not reimbursed because it is considered voluntary contribution. If the lessee reaches the destination, the matter is brought to the judge, who acts in the best interest, potentially selling the camels to settle the driver's debts to the lessee or others, and retaining the remaining price for the driver.

Supporting text

If the judge deems it appropriate to sell some camels and use the proceeds to maintain the rest, this is permitted.