Is it permissible to hire camels and beasts of burden for carrying cargo?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

The hiring of camels and beasts of burden for carrying cargo (hamula, with a dammah) is permissible. This is supported by the statement of Allah Almighty: "And they carry your heavy loads to a land you would not have reached except with great hardship to yourselves" (Quran 16:7). The purpose of such hiring is the carriage of the merchandise, not the ease or speed of the vehicle, distinguishing it from hiring for riding. Knowledge of the exact load is mandatory because the differences in load vary significantly and affect the purpose of the contract. If the stipulated condition is that the animal carries whatever the hirer wishes, the contract is void because this might include a load that kills the animal. Similarly, stipulating that the animal carries its capacity is void because it lacks a defined measure.

Supporting text

If there is a specific concern related to the cargo itself, such as the load being easily damaged by excessive movement (like fruit or glass), or if the route favors certain animals over others, this condition ought to be specified in the contract.