Does hiring for a service contract (usufruct) terminate upon the death of either the employer or the employee?
General Chapter
Al-Mughni
Book of Leasing
Primary text
The contract is binding and does not terminate upon the death of either contracting party, provided the subject matter of the contract (the service/property) remains sound, similar to the case of marrying one's slave girl and then dying. The premise that the death terminates the contract because the fulfillment of the usufruct becomes impossible is invalid, as the employee has already acquired ownership of the usufruct and the employer has acquired ownership of the full rent price at the time of the contract.
Supporting text
Al-Thawri, the companions of Al-Ra'y (Abu Hanifa's school), and Al-Layth hold that the contract is dissolved by the death of either party because the fulfillment of the usufruct becomes impossible. They argue that the employee contracted to use the usufruct based on the owner's property rights, which, upon death, transfer to the heirs, meaning the usufruct accrues to the heir's property, with whom no contract was made. Furthermore, if the employee dies, the wage cannot be obligated against their estate.