What happens when a defect affects only part of the leased property?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 5 · Bab 1

Open in Qurani

Primary text

If the harmful flooding, water cutoff, or partial demolition affects only a portion of the leased property, that portion is judged separately regarding voidance or the option to void. The lessee has the option to retain the remaining property, as the contract has become partially voided (taba'ud al-safqa).

Supporting text

If the lessee chooses to keep the remaining portion, the rent is reduced proportionally, similar to when two measures of grain sold together have one measure destroyed while in the seller's possession.